ENGINEERING AND DESIGN WARRANTY Sample Clauses

ENGINEERING AND DESIGN WARRANTY. Contractor warrants it will perform its engineering and design Services, as more particularly described in Exhibit A ("Engineering Services") in accordance with the current standards of care and diligence normally practiced by recognized engineering firms in performing services of a similar nature. Further, Contractor warrants that the engineering and design performed by Duke/Fluor Xxxxxx ("D/FD Engineering Services") as part of the Existing Work have been performed in accordance with the then current standards of care and diligence normally practiced by recognized engineering firms in performing services of a similar nature. If within one (1) year after Substantial Completion it is shown that there is an error in the Engineering Services or D/FD Engineering Services as a result of either Contractor's or Duke/Fluor Daniel's failure to meet those standards and Owner has notified Contractor in writing of any such error within that period, Contractor shall reperform such Engineering Services or D/FD Engineering Services within the original scope of such services, as may be necessary to remedy such error. All costs incurred by Contractor in performing such corrective services shall be to the account of Contractor, subject to an aggregate limit of liability of $1,000,000, and such costs shall not be included in the Reimbursable Costs under this Agreement except to the extent such costs exceed such limit of liability amount. To the extent any Engineering Services or D/FD Engineering Services are reperformed with the result that modifications to the Work are necessary, Contractor shall perform such modifications as a Reimbursable Cost that is included in the Contract Sum and chargeable against the Target Price prior to Final Completion. After Final Completion and up to the final True-Up, Contractor shall remain available to perform such modifications as a Reimbursable Cost that is included in the Contract Sum and chargeable against the Target Price.
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ENGINEERING AND DESIGN WARRANTY. 7.2.1 INSTALLER warrants they will perform the engineering and design services (“Engineering Services”) in accordance with the current standards of care and diligence normally practiced in performing services of a similar nature. If during the five (5) year period following acceptance of the Services pursuant to Article 11.2 it is shown that there is an error in the Engineering Services as a result of INSTALLER’ failure to meet those standards and Purchaser has notified INSTALLER in writing of any such error within the specified period, such INSTALLER shall re-perform within a reasonable timeframe such Engineering Services within the original scope of Services as may be necessary to remedy such error. All costs incurred by INSTALLER in performing such corrective services shall be paid by INSTALLER. 7.2.2 INSTALLER warrants that any system design or installation services provided by INSTALLER, will not infringe any valid U.S. patent and that INSTALLER has obtained and shall provide all appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems incorporated into the System. INSTALLER makes no warranties as to patent infringement to the extent resulting from goods supplied by third parties or goods specified neither by Purchaser, nor as to designs supplied by parties other than INSTALLER.
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ENGINEERING AND DESIGN WARRANTY. Railcars shall meet the Applicable Standards. All welding shall conform to applicable recommendations of AWS. Noise levels shall be equivalent to Princess Tours Ultra Dome cars. Railcars shall comply with ADA regulations in effect as of the date of this Agreement for trains not requiring access to services in other cars. Changes in the above mentioned Applicable Standards after the date of signing this Agreement and during the construction period which require design or construction modifications will be incorporated into the construction process through the Change Order process detailed in Section 11. ARC will have performed a Finite Element Analysis of the proposed structure for construction of the Domed Passenger Car and a Finite Element Analysis of the collision posts of the Full Dome and Bilevel cars and will have rendered an opinion in substantially the form attached hereto as APPENDIX H, to be provided on or before January 1, 1997.
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Related to ENGINEERING AND DESIGN WARRANTY

  • Professional Engineering and Architect’s Services Professional Engineering and Architect’s Services are not permitted to be provided under this Agreement. Texas statutes prohibit the procurement of Professional Engineering and Architect’s Services through a cooperative agreement.

  • Services Warranty The Contractor warrants and represents that each of its employees, Subcontractors, or agents assigned to perform any services under the terms of this Agreement shall have the skills, training, and background reasonably commensurate with his or her level of performance or responsibility, so as to be able to perform in a competent and professional manner. The Contractor further warrants that the services provided hereunder will conform to the requirements of this Agreement. All warranties, including any special warranties specified elsewhere herein, shall inure to the Judicial Council, its successors, assigns, customer agencies, and any other recipients of the services provided hereunder.

  • Geotechnical Engineer « »« » « » « » « » « »

  • LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

  • Professional Services Warranty 5.1 Oracle warrants that Professional Services will be provided in a professional manner consistent with industry standards. Customer must notify Oracle of any warranty deficiencies within 60 days from performance of the deficient Professional Services. 5.2 ORACLE DOES NOT WARRANT THAT THE PROFESSIONAL SERVICES WILL BE PERFORMED ERROR- FREE OR UNINTERRUPTED, THAT ORACLE WILL CORRECT ALL PROFESSIONAL SERVICES ERRORS, OR THAT THE PROFESSIONAL SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. ORACLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE PROFESSIONAL SERVICES THAT ARISE FROM CUSTOMER DATA OR THIRD PARTY APPLICATIONS OR PROFESSIONAL SERVICES PROVIDED BY THIRD PARTIES. 5.3 FOR ANY BREACH OF THE PROFESSIONAL SERVICES WARRANTY, CUSTOMER’S EXCLUSIVE REMEDY AND ORACLE’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT PROFESSIONAL SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF ORACLE CANNOT SUBSTANTIONALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, CUSTOMER MAY END THE DEFICIENT PROFESSIONAL SERVICES AND ORACLE WILL REFUND TO THE CUSTOMER THE FEES FOR THE TERMINATED PROFESSIONAL SERVICES THAT CUSTOMER PRE-PAID TO ORACLE FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 5.4 TO THE EXTENT NOT PROHIBITED BY LAW, THIS WARRANTY IS EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

  • Uncovering and Correction of Work 12.1 The Contractor shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of two years from the date of Substantial Completion, or by terms of an applicable special warranty required by the Contract Documents. The provisions of this Article apply to work done by Subcontractors as well as to Work done by direct employees of the Contractor. 12.2 At any time during the progress of the work, or in any case where the nature of the defects shall be such that it is not expedient to have them corrected, the Owner, at their option, shall have the right to deduct such sum, or sums, of money from the amount of the contract as they consider justified to adjust the difference in value between the defective work and that required under contract including any damage to the structure.

  • Description of Vendor Entity and Vendor's Goods & Services If awarded, this description of Vendor and Vendor's goods and services will appear on the TIPS website for customer/public viewing. Technology solutions value-added reseller and installer of all things technology. Please identify the individual who will be primarily responsible for all TIPS matters and inquiries for the duration of the contract. Xxxx Xxxxxxx Primary Contact Title VP of Sales Please enter a valid email address that will definitely reach the Primary Contact. xxxx@xxxxxxxxxx.xxx Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). Please provide the accurate and current phone number where the individual who will be primarily responsible for all TIPS matters and inquiries for the duration of the contract can be reached directly. 0000000000 Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 0000000000 Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 0000000000

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

  • Reverse Engineering The Customer must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the software or any products supplied as a part of the Licensed System.

  • Limited Software Warranty MyECheck represents, warrants, and covenants that: MyECheck warrants to the original end user (“Customer”), and not to subsequent end users, of the Extreme Networks software product (“Software”) that for ninety (90) days from the date of installation of the Software from MyECheck, the Software shall substantially conform with the specification for the Software at the (“Documentation”). MyECheck does not warrant (i) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS IS.”

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