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.
Appears in 4 contracts
Samples: Agreement (Noble Environmental Power LLC), Agreement (Noble Environmental Power LLC), Agreement (Noble Environmental Power LLC)
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 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.
Appears in 4 contracts
Samples: This Agreement (Noble Environmental Power LLC), This Agreement (Noble Environmental Power LLC), Confidential Treatment (Noble Environmental Power LLC)
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, 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.
Appears in 2 contracts
Samples: And Related Services (Noble Environmental Power LLC), And Related Services (Noble Environmental Power LLC)