Destructive Elements Clause Samples

The Destructive Elements clause defines the responsibilities and liabilities related to the presence of hazardous or damaging substances, such as asbestos, lead, or mold, within a property or project site. Typically, this clause outlines which party is responsible for identifying, removing, or remediating such elements, and may specify procedures for notification and cost allocation if destructive elements are discovered during a project. Its core practical function is to allocate risk and clarify obligations, thereby preventing disputes and ensuring that health and safety concerns are addressed efficiently.
Destructive Elements your failure to acquire and install any Update or Upgrade to the Software, and/or in respect of the Solution, specified by us from time to time; and
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Destructive Elements. Any materials, equipment or data (a) intentionally designed to disrupt, disable, harm or otherwise impede in any manner the operation of any materials, equipment or Client Data (e.g., ”viruses” or “worms”), (b) that would disable any materials, equipment or Client Data, or impair in any way their operation (e.g., ”time bombs”, “time locks” or “drop dead” devices) or (c) which contains any other harmful, malicious or hidden procedures, routines or mechanisms which would cause any materials, equipment or Client Data, to cease functioning or to damage or corrupt storage media, communications, or otherwise interfere with the Client’s operations.
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Destructive Elements. Provider will not, and will ensure that the Resources do not, code or introduce Destructive Elements (as defined below) into the Services, the Developments, the Oracle Materials or the Oracle or Client production or non-production (i.e., test and development) information systems environments, including without limitation, the hardware and software components of Oracle's and/or Client’s corporate network (such information systems environments and networks being collectively referred to as the “Networks”). Provider will use virus detecting/scanning programs consistent with industry standards (i) to test and screen all Developments for computer viruses prior to such Developments provision to Oracle and/or any Client, and (ii) to test and screen Provider’s systems for computer viruses prior to accessing the Networks. Upon detecting a virus, Provider shall immediately notify Oracle and, if instructed by Oracle, the affected Client, and the parties shall cooperate to eliminate or quarantine the virus while making every reasonable effort to continue to perform the Services. “
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Destructive Elements. Provider will not, and will ensure that the Resources do not, code or introduce Destructive Elements (as defined below) into the Services, the Developments, the Oracle Materials or the Oracle or Client production or non-production (i.e., test and development) information systems environments, including without limitation, the hardware and software components of Oracle's and/or Client’s corporate network (such information systems environments and networks being collectively referred to as the “Networks”). Provider will use virus detecting/scanning programs consistent with industry standards (i) to test and screen all Developments for computer viruses prior to such Developments provision to Oracle and/or any Client, and (ii) to test and screen Provider’s systems for computer viruses prior to accessing the Networks. Upon detecting a virus, Provider shall immediately notify Oracle and, if instructed by Oracle, the affected Client, and the parties shall
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Destructive Elements. GEN8.1 The Software and Services delivered by ▇▇▇ shall not knowingly contain any Destructive Elements which have been introduced or incorporated by ▇▇▇ which ▇▇▇ is aware of using then current industry standard evaluation and review methods. ▇▇▇ confirms that it utilizes industry standard virus protection software to avoid the introduction of Destructive Elements in the ▇▇▇ Software products, Releases and Processing Services and deliverables provided as part of Professional Services.
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Destructive Elements. Honorlock shall use commercially reasonable efforts designed to ensure that the Platform shall be free from Destructive Elements.
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Related to Destructive Elements

  • Destruction a) If the leased premises are totally destroyed by fire or other casualty, this lease shall terminate. If such casualty shall render ten (10) percent or less of the floor space of the leased premises unusable for the purpose intended, Lessor shall effect restoration of the premises as quickly as is reasonably possible, but in any event within thirty (30) days. b) In the event such casualty shall render more than ten (10) percent of such floor space unusable but not constitute total destruction, Lessor shall forthwith give notice to State of the specific number of days required to repair the same. If Lessor under such circumstances shall not give such notice within fifteen (15) calendar days after such destruction, or if such notice shall specify that such repairs will require more than ninety (90) days to complete from date such notice is given, State, in either such event, at its option, may terminate this lease or, upon notice to Lessor, may elect to undertake the repairs itself, deducting the cost thereof from the rental due to become due under this lease and any other lease between Lessor and State. c) In the event of any such destruction other than total, where the State has not terminated the lease as herein provided, or pursuant to the terms hereof has not elected to make the repairs itself, Lessor shall diligently prosecute the repair of the leased premises and, in any event, if repairs are not completed within the period of thirty (30) days for destruction aggregating ten (10) percent or less of the floor space, or within the period specified in Lessor's notice in connection with partial destruction aggregating more than ten (10) percent, the State shall have the option to terminate this lease or complete the repairs itself, deducting the cost thereof from the rental due or to become due under this lease and any other lease between Lessor and State. d) In the event the State remains in possession of the premises though partially destroyed, the rental as herein provided shall be reduced by the same ratio as the net square feet the State is thus precluded from occupying bears to the total net square feet in the leased premises. "Net square feet" shall mean actual inside dimensions and shall not include public corridors, stairwells, elevators, and restrooms.

  • Destruction or Damage (a) If the Premises or the Building is partially damaged by fire, earthquake, other insured peril, or other act of God, Landlord shall repair the same at Landlord’s expense, subject to the provisions of this Article and provided such repairs can, in Landlord’s reasonable opinion, be made within sixty (60) days. During such repairs, this Lease shall remain in full force and effect, except that if there shall be damage to the Premises or the Building and such damage is not the result of the negligence or willful misconduct of Tenant, Tenant’s employees, agents, or invitees, Rent shall be abated for such portion of Premises and period of time as the Premises was unusable by Tenant, provided that such abated rent is a covered loss payable to Landlord under its insurance policy. (b) If in Landlord’s reasonable opinion the partially damaged Premises or the Building can be repaired, but not within sixty (60) days, the Landlord may elect, upon written notice to Tenant within thirty (30) days of such damages, to repair such damages over a longer time period and continue this Lease in full force and effect, subject to rent abatement as described in the foregoing paragraph. Landlord’s notice shall include a good faith estimate of the expected completion date of such repair based on the best information reasonably available to Landlord prior to sending the notice. In the event such repairs cannot be made within an additional sixty (60) days, Tenant shall have the option to terminate this Lease provided that written notice is given to Landlord within thirty (30) days of receipt of Landlord’s notice stated in this paragraph. (c) If the partially damaged Premises or the Building is to be repaired under this Article, Landlord at its sole cost and expense shall repair such damages to the Building, the Premises and the Tenant Improvements supplied by Landlord herein. Except in the event of Landlord’s gross negligence or willful misconduct or the extent that Landlord receives insurance proceeds therefor, Tenant shall be responsible for repairing and/or replacing any damage to Tenant’s equipment, furniture and fixtures, and other Alterations, additions and improvements made by Tenant to the Premises and the Building. (d) If in Landlord’s reasonable opinion, the Premises or the Building is totally or substantially destroyed (i.e. cannot be repaired within sixty (60) days and Landlord does not elect to repair anyway or Tenant elects to terminate as provided above) by fire or other casualty, this Lease shall terminate upon notice by Landlord.

  • Retention or destruction of Confidential Information If Network Rail or the Train Operator, as the case may be, has not received a request to return any Confidential Information to the other party under and within the time limits specified in Clause 14.3, it may destroy or retain such Confidential Information.

  • Loss or Destruction Upon receipt of evidence satisfactory to the Company of the loss, theft, destruction, or mutilation of this Warrant Certificate and, in the case of any such loss, theft or destruction, upon delivery of an indemnity agreement or bond satisfactory in form, substance and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of this Warrant Certificate, the Company at its expense will execute and deliver, in lieu thereof, a new Warrant Certificate of like tenor.

  • TOXIC SUBSTANCES Each Contractor furnishing a toxic substance as defined by Section 875 of the Labor Law, shall provide such Authorized User with not less than two copies of a material safety data sheet, which sheet shall include for each such substance the information outlined in Section 876 of the Labor Law. Before any chemical product is used or applied on or in any building, a copy of the product label and Material Safety Data Sheet must be provided to and approved by the Authorized User agency representative.