Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following:
(i) someone other than SolarCity or its approved service providers installed, removed, re-installed or repaired the System;
(ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity or its approved service providers while servicing the System (e.g. if a tree falls on the System we will replace the System per the Lease, but we will not repay you for power it did not produce);
(iii) your failure to perform, or breach of, your obligations under the Lease (e.g. you modify or alter the System);
(iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide;
(v) any Force Majeure Event (as defined below);
(vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed;
(vii) any system failure or lost production not caused by a System defect (e.g. the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- shaded area);
(viii) theft of the System (e.g. if the System is stolen we will replace the System per the Lease, but we will not repay you for the power it did not produce);
(ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and
(x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES...
Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following:
Exclusions and Disclaimer. Any lost energy production resulting from the following shall be “Excluded Lost Production” for purposes of calculating the Production Guaranty:
(i) destruction or damage to the Solar Garden or its ability to safely produce power not caused by YSG or its approved service providers while servicing the Solar Garden (i.e., if a tree falls on the Solar Garden, We will repair the Solar Garden reasonably promptly in accordance with Prudent Industry Practices, but any lost generation during the interim will be Excluded Lost Production); and
(ii) any other Force Majeure Event; provided that YSG shall use reasonable commercial efforts to mitigate or remedy the Force Majeure Event promptly, in accordance with Prudent Industry Practices. A “Force Majeure Event” means any event, condition or circumstance beyond the control of and not caused by YSG’s fault or negligence. It includes, without limitation, a material reduction in the electricity being produced by the Solar Garden due to: acts of God, war (declared or undeclared); sabotage; riot; insurrection, civil unrest or disturbance; military or guerilla action; terrorism; economic sanction or embargo; civil strike, work stoppage, slow-down, or lock-out; vandalism beyond that which could reasonably be prevented, explosion; fire; smoke or other particulates from volcanic eruption, earthquake; abnormal weather condition or actions of the elements or other severe natural occurrence, including without limitation hurricane, ice storm, tornado, flood, lightning, wind, or drought; the binding order of any governmental authority; the actions or failure to act on the part of any governmental authority (provided that such action has been timely requested and diligently pursued); a change in law or regulations; unavailability of power from the utility grid, equipment, supplies or products (but only to the extent that any such availability of any of the foregoing does not result from YSG’s failure to have exercised reasonable diligence); power or voltage surge caused by someone other than YSG; and failure of equipment not owned by YSG or under its control. YSG may also declare a Force Majeure Event if: (i) YSG enters into a purchase power agreement (“PPA”) governing the Solar Garden and the counterparty to that PPA materially breaches the PPA, (ii) YSG declares an event of default against the counterparty to such a PPA, and that counterparty fails to cure the event of default in the cure period applicable under the PPA, or (iii) ...
Exclusions and Disclaimer. Emcore's warranties set forth in SECTIONS 7.1.1 and 7.1.2 do not apply to expendable items, including those items listed in Exhibit B attached hereto. Also excluded from Emcore's foregoing warranties are any components identified by Emcore to Hakuto as being the subject of manufacturer's or licensor's warranties, which warranties shall be deemed assigned to Hakuto at the time title to the goods passes to Hakuto. With respect to all such components, subject to the provisions of SECTIONS 7.5 and 10.5, Hakuto's remedy shall be limited to the warranty and remedy provided by the manufacturer or the licensor of said components, and Emcore's liability obligation shall be limited to the exercise of its best efforts to assist Hakuto in obtaining the benefit of such manufacturer's or licensor's warranties. The foregoing limitation with respect to components shall not apply to Emcore manufactured or designed components.
Exclusions and Disclaimer. Notwithstanding any other terms of this Agreement, Good shall have no liability to You for any Infringement Claim to the extent arising out of or related to: (a) use of Good Dynamics Software in connection or in combination with any equipment, devices or software not provided by Good; (b) use of the Good Dynamics Software in a manner for which it was not designed; (c) any modification of the Good Dynamics Software by anyone other than Good; (d) compliance by Good with Your designs, specifications, guidelines or instructions; (e) continued allegedly infringing activity by You after being notified thereof or being informed of modifications that would have avoided the alleged infringement; or (for (f) Your use of the Good Dynamics Software after Good’s notice to You that You must cease use of such software to avoid further infringement. In addition, Good shall not be responsible for any compromise or settlement of any Infringement Claim made by You without Good’s prior written consent.
Exclusions and Disclaimer. THE EXPRESS WARRANTY GRANTED ABOVE SHALL EXTEND DIRECTLY TO AUTHORIZED DISTRIBUTORS AND, EXCEPT AS PROVIDED IN SECTIONS 7.5 AND 10.5, IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. Except as provided in SECTION 7.5 and 10.5, Emcore will be liable under this warranty only for replacement of the defective Product or, at the option of Hakuto or the customer, credit of the Customer Price of the defective Product.
Exclusions and Disclaimer. 33.1 The limited warranties and guarantees provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following:
33.1.1 someone other than NuHome or its approved service providers installed, removed, re-installed, maintained or repaired the System;
33.1.2 destruction or damage to the System or its ability to safely produce power not caused by NuHome or its approved service providers while servicing the System (e.g., if a tree falls on the System, NuHome will replace the System per the Agreement, but NuHome will not repay the Customer for power it did not produce);
33.1.3 the Customer's failure to perform, or breach of, the Customer's obligations under the Agreement (e.g., the Customer modifies or alters the System);
33.1.4 the Customer's breach of this Limited Warranty, including the Customer being unavailable to provide access or assistance to NuHome in diagnosing or repairing a problem or maintain the System;
33.1.5 any Force Majeure Event (as defined below);
33.1.6 shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed;
33.1.7 any system failure or lost production not caused by a System defect (e.g., the System is not producing power because it has been removed to make roof repairs or the Customer has required NuHome to locate the inverter in a non-shaded area);
33.1.8 theft of the System (e.g., if the System is stolen NuHome will not repay the Customer for the power it did not produce prior to replacement);
33.1.9 damage to the Property, belongings or property that results from NuHome's roof penetrations after the end of the Roof Warranty;
33.1.10 damage or loss to the System due to ball strikes (such as strikes from tennis balls, soccer balls or any other ball used for purposes of sports activities) or other similar events or circumstances; and
33.1.11 such other events or circumstances which are analogous to the events or circumstances described in this clause 33.1.
33.2 This Limited Warranty does not warrant any specific electrical performance of the System other than that described above.
33.3 This Limited Warranty, the Performance Guarantee and Performance Credits shall not be enforceable against NuHome while the Customer is in material breach of its obligations under the Agreement including, without limitation, its obligation to pay the Monthly Payments to NuHome.
33.4 THE LIMITED WARRANTIES AND GUARANTEES D...
Exclusions and Disclaimer. EMCORE's warranties set forth in paragraphs 7(a) and (b) above do not apply to expendable items, including those items listed in Exhibit B attached hereto. Also excluded from EMCORE's
Exclusions and Disclaimer. THE LICENSOR’S INDEX AND THE LICENSOR’S INDEX DATA ARE PROVIDED AS IS AND OTHER THAN THE FOREGOING, LICENSOR MAKES NO OTHER EXPRESS WARRANTIES, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE LICENSOR DOES NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF LICENSOR’S INDEX AND THE LICENSOR’S INDEX DATA OR ANY OTHER DATA RELATED THERETO, AND THE LICENSOR SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN. THE LICENSOR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO ANY RESULTS TO BE OBTAINED BY THE LICENSEE OR ANY OTHER PERSON OR ENTITY FROM THE USE OF LICENSOR’S INDEX AND THE LICENSOR’S INDEX DATA OR ANY OTHER DATA RELATED THERETO. THE LICENSOR SHALL NOT BE LIABLE TO THE LICENSEE IN THE EVENT THAT THE LICENSOR’S INDEX AND THE LICENSOR’S INDEX DATA IS INTERRUPTED, CHANGED OR BECOME UNAVAILABLE FOR ANY REASON BEYOND ITS REASONABLE CONTROL.
Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SFE or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SFE or its approved service providers while servicing the System (e.g., if a tree falls on the System, We will replace the System per the PPA, but We will not repay You for power it did not produce);
