Exclusive Remedies and Warranties. Except for the provisions of Articles 12, 17, 18, 19, 21, 27 and 28, the preceding paragraphs of this Article 16 set forth the exclusive remedies for all claims based on failure of, or defect in, the Equipment and Services provided under this Contract, whether the failure or defect arises before or during the Warranty Period and whether a claim, however instituted, is based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise. Except for the provisions of Articles 12 17, 18, 19, 21, 27, and 28, the foregoing warranties are exclusive and are in lieu of all other warranties and guarantees whether written, oral, implied or statutory. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY.
Exclusive Remedies and Warranties. This Article 9 sets forth the sole and exclusive remedies for all claims based on failure of or defect in the Parts and Services provided under this Contract, whenever arising and whether a claim, however instituted, is based on contract, warranty, tort (including negligence), strict liability or otherwise. The foregoing Warranties are exclusive and are in lieu of all other warranties and guarantees whether written, oral, implied or statutory. No implied statutory warranty of merchantability or fitness for a particular purpose shall apply.
Exclusive Remedies and Warranties. Except for:
Exclusive Remedies and Warranties. (a) EXCEPT FOR ANY EXPRESS WARRANTIES UNDER THIS AGREEMENT (INCLUDING THE WARRANTY), THE PARTIES HEREBY DISCLAIM ANY AND ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE PARTIES AGREE THAT THE REMEDIES SET FORTH IN THIS AGREEMENT ARE OWNER’S EXCLUSIVE REMEDIES FOR A BREACH OF WARRANTY DISCOVERED AFTER SUBSTANTIAL COMPLETION OR ANY OTHER CLAIM FOR DEFECTIVE WORK DISCOVERED AFTER SUBSTANTIAL COMPLETION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE; PROVIDED, THAT SUCH LIMITATION WILL NOT LIMIT THOSE RIGHTS OR REMEDIES AVAILABLE TO OWNER TO REDRESS CONTRACTOR’S FAILURE TO SATISFY OTHER OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING CONTRACTOR’S INDEMNITY OBLIGATIONS.
Exclusive Remedies and Warranties. Except for the Power Curve Percentage Guarantee, the Sound Level Guarantee and the Availability Guarantee described below, the preceding paragraphs of this article set forth the exclusive remedies for all claims based on failure of or defect in the Turbines and other Supply Items and Services provided under this Master Agreement, whether the failure or defect arises before or during the Warranty Period and whether a claim, however instituted, is based on contract, indemnity, warranty, tort (including negligence),strict liability or otherwise. The foregoing warranties are exclusive and are in lieu of all other warranties and guarantees whether written, oral, implied or statutory. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY.
Exclusive Remedies and Warranties. The terms of this Article 9 (Warranty) and Articles 4 (Schedule), 5 (Performance Testing & Performance Guarantees), and 11 (Indemnity), and Sections 6.5, 6.9 and 16.1(b) (to the extent there is a breach of the Warranty or failure or defect in the Work and it is not remedied as required by the Agreement) set forth the exclusive remedies for all claims based on a breach of the Warranty or the failure of or defect in the Equipment, whether the breach of the Warranty, failure or defect arises before or during the Warranty Period or any Additional Warranty Period, as applicable, and whether a claim, however instituted, is based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise. The warranties provided in this Agreement are exclusive and are in lieu of all other warranties and guarantees of Supplier, whether written, oral, implied or statutory. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY.
