Excluded Conditions Sample Clauses

Excluded Conditions. This Warranty does not cover, and Xxxxxxx has no obligation to respond to, damage, conditions, or a Nonconformity caused in whole or part by: • Installation; an application or configuration exceeding the capacity of the Product design or in violation of applicable codes, plans, or specifications; mishandling or storage of Product; failure to properly incorporate Product into the building envelope; installation in inappropriate openings; building settlement or failure of walls or foundations. • Normal wear and tear, aging, weathering, or corrosion (except as provided for stainless steel hardware); lack of product maintenance,* misuse, or abuse; lack of use of operable Product (vents/sash should be opened and closed monthly); interior moisture or condensation. Normal weathering includes the gradual fading, chalking, or darkening of any colored surface. *Milgard’s maintenance instructions are available at xxxxx://xxx.xxxxxxx.xxx/learn/window-and-door-care/care-and-maintenance. • Glass breakage (except as provided); glass blemishes, scratches, or other imperfections allowable for Quality 3 glass per ASTM C 1036; or reflection of solar energy (sunlight) off of the Product. • Alterations or modifications of the Product or components, such as field mulls, reinstallation, application of tints, films, sealant, caulk, or paint finishes; installation of security systems or window coverings; environmental or applied elements that exceed the tolerances of the Product or its components’ performance ratings. • Any application of force or materials, such as power washing or the use of harsh chemicals such as brick wash, acids, salts, abrasive cleaners, or solvents; acts of nature, or any other condition or cause beyond Xxxxxxx’s control. This Warranty covers only Product confirmed to have a Nonconformity. Where field testing occurs, Xxxxxxx must receive prior notice and opportunity to observe, and information on the anticipated test methods. Without its prior agreement, Milgard shall not be required to respond to testing results or extrapolations to non-tested Product, nor shall it contribute to the cost of testing. Milgard is not responsible for determining the suitability of its products for surrounding building components or wall design. Milgard products are tested in accordance with procedures established by AAMA and NFRC. The tests measure the performance of sample products in a laboratory setting. Milgard manufactures its products using the methods and materials use...
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Excluded Conditions. 4.1 This Agreement determines all of the terms and conditions of employment and operates to the exclusion of all industrial instruments and legislation that would otherwise apply.
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Excluded Conditions. If the Imatest Products are modified or in any way altered, or repaired by anyone other than Imatest, without the explicit written consent of Imatest, or if the Imatest Product has suffered an accident, misuse, unforeseeable use, neglect, alteration, improper installation, improper adjustment, improper repair, improper testing or unusual physical, electrical or electromagnetic stress or interference, or used outside of Imatest’s specifications, then the Imatest Warranty is null and void.
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Excluded Conditions. Notwithstanding anything to the contrary set forth herein, the terms and provisions of Subsection 1.2.1 shall not be applicable to any sewer, storm drain or other improvements which have been dedicated to (and such dedication has been accepted by) the Department of Public Works of the County (“Excluded Conditions”); provided, however, that this Lease (as opposed to any separate dedication acceptance or other contractual or legal obligation) shall not create any obligation or liability on the part of County with respect to such sewer, storm drain and other improvements.
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Excluded Conditions. This Warranty does not cover, and MI has no obligation to respond to, a Nonconformity caused in whole or part by: • An application, configuration, or installation exceeding the capacity of the Product design or in violation of applicable codes, plans, and specifications; mishandling of Product; failure to properly incorporate Product into the building envelope; installation in inappropriate openings or not in conformance with MI installation instructions, AAMA or ASTM installation standards, or good building practices. • Normal wear and tear, aging, weathering, or corrosion; lack of product maintenance, misuse, or abuse; interior moisture or condensation. Normal weathering includes the gradual fading, chalking, or darkening of any colored surface. • Glass breakage; glass blemishes, scratches, or other imperfections allowable for standard B grade glass under applicable ASTM standards; or reflection of solar energy (sunlight) off of the Product. • Alterations or modifications of the Product or components, such as field mulls, reinstallation, application of tints or films, caulk, or paint finishes; installation of security systems or window coverings; or sources of undue stress, pressure, water, heat, or cold. • Power washing or the use of harsh chemicals such as brick wash, acids, salts, abrasive cleaners, or solvents; Acts of God, or any other condition or cause beyond MI’s control. This Warranty covers only Product confirmed to have a Nonconformity. Where product testing occurs, Owner must give MI prior notice and opportunity to observe, and identify anticipated test methods. Without its prior agreement, MI shall not be required to respond to testing results or extrapolations to non-tested Product, nor shall it contribute to the cost of testing. MI is not responsible for determining the suitability of its products for surrounding building components or wall design. MI products are tested in accordance with procedures established by AAMA and NFRC. The tests measure the performance of sample products in a laboratory setting. MI manufactures its products using the methods and materials used in fabrication of the tested product. However, product components and manufacturing processes involve a range of tolerances which can cause variance among tested values, and in-field evaluation of a product can affect test results as well. For these reasons, MI does not warrant its test results. The thermal performance of many window products are enhanced by insertion of g...
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Excluded Conditions. (a) The payments set out in this Agreement are intended to satisfy all entitlements, penalty rates and allowances due to the Employee under any applicable legislation (including any relevant State legislation and the minimum Standard set out in the Act) and any Award.
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Excluded Conditions. The Contract Price assumes that excessive surface water, sub-surface water, caving soils, rock, or hazardous conditions (“Excluded Conditions”) will not be encountered. If an Excluded Condition is encountered, then Company may in its sole discretion either stop work until Client remediates the condition or may submit a Change Order under this Agreement for Client’s approval. An excessively rocky condition is defined for these purposes as a hard geological formation or sub-surface condition where digging is likely to occur, due to which Company is prevented from performing the job where Company while excavating encounters less penetration than 2 inches in 5 minutes. A time and materials charge will be applied at a rate of $180 per man hour to handle excessively rocky conditions.
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Excluded Conditions. The payments set out in this Agreement are intended to satisfy all entitlements, penalty rates and allowances due to the employees under any applicable legislation (including any relevant State legislation and the minimum Standard set out in the Act) and any Award or Agreement. Specifically, this Agreement replaces all terms and conditions of any relevant Award or industrial instrument and expressly excludes all Protected Award Conditions as specified in s.354 of the Act from applying to this Agreement. Protected Award Conditions excluded by this Agreement include: o Rest breaks; o Loadings for working overtime or for shift work; o Annual leave loadings; o Monetary Allowances for: ▪ Expenses incurred in the course of employment; ▪ Responsibilities or skills that are not taken into account in rates of pay for employees; or ▪ Disabilities associated with the performance of particular tasks or work in particular conditions or locations. o Penalty rates; o Incentive based payments and bonuses; o Provisions relating to Public Holidays including: ▪ entitlements of employees regarding payment on those days; ▪ days to be substituted for work on those days; or ▪ procedures for substituting days for work on those days; and o outworker conditions.
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Related to Excluded Conditions

  • CONCEALED CONDITIONS 12.2.1 Should concealed conditions encountered in the performance of the Work below the surface of the ground, or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, the Contract Sum shall be equitably adjusted by Change Order upon claim by either party made within twenty days after the first observance of the conditions.

  • Changed Conditions When it is agreed that the completion of certain work or other requirements hereunder would no longer serve the purpose intended because of substantial change in the physical conditions of Sale Area or Included Timber since the date of this contract, the requirements shall be waived in writing. The estimated cost of such waived work or other requirement shall be charged to Timber Sale Account.

  • MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient.

  • ADDITIONAL SPECIAL CONTRACT CONDITIONS A. Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following:

  • Existing Conditions Tenant accepts the Property in its condition as of the execution of the Lease, subject to all recorded matters, laws, ordinances, and governmental regulations and orders. Except as provided herein, Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation as to the condition of the Property or the suitability of the Property for Tenant's intended use. Tenant represents and warrants that Tenant has made its own inspection of and inquiry regarding the condition of the Property and is not relying on any representations of Landlord or any Broker with respect thereto. If Landlord or Landlord's Broker has provided a Property Information Sheet or other Disclosure Statement regarding the Property, a copy is attached as an exhibit to the Lease.

  • Safe Conditions Whenever an employee reports a condition which the employee feels represents a violation of safety or health rules and regulations or which is an unreasonable hazard to persons or property, such conditions shall be promptly investigated. The appropriate administrator shall reply to the concern, in writing, if the employee's concern is communicated in writing.

  • CONDITIONS APPLICABLE PENDING TRANSFER As has already been referred to in this agreement, the common property will be owned and controlled by a body corporate for and on behalf of all owners including the purchaser. As the body corporate will only be established once the first transfer of a unit in the development has occurred, the Seller shall from the completion date and until the date of the establishment of the body corporate bear the rights and obligations of the body corporate. In this regard, during the period from the completion date until date of transfer, the following conditions shall apply:

  • Standard Conditions This Agreement shall include all of the standard conditions as detailed in Exhibit B, attached hereto and by this reference incorporated herein.

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