GENERAL A Sample Clauses
GENERAL A. Nothing in this Agreement shall create, or be deemed to create a partnership or relationship of employer and employee or that of Principal and Agent between the Parties. B. Each Party acknowledges that in entering into this Agreement, it does not do so on the basis of, and does not rely on, any representation or warranty or other provision except as expressly provided herein. However, nothing in this Agreement purports to exclude liability for any fraudulent statement or act. C. Each Party warrants to the other Party that it has full power and authority to enter into this Agreement.
GENERAL A. The parties may mutually agree to involve a facilitator or mediator at any stage of the Dispute Resolution Process.
GENERAL A. Subject to the limitations and conditions hereinafter set forth, GULFSTREAM warrants that the Primary and Secondary Structure and the Components of the Aircraft supplied hereunder shall
(1) at the Delivery Time be free from:
(a) defects in material or workmanship,
(b) defects arising from the selection of material or process of manufacture,
(c) defects inherent in the design thereof in view of the state of the art at the time of design thereof,
(2) at the Delivery Time and throughout the periods identified in Section 6.2 be free from:
(a) defects arising from the failure to conform to the Product Specification as it may be changed pursuant to this Agreement, except failure to conform to such portions of the Product Specification stated to be estimates, approximations, design objectives or design criteria, or described as not guarantees, and
(b) defects arising from the failure to conform to the FAA Type Certificate, as the Type Certificate existed at the Delivery Time; and
(3) at the Delivery Time and throughout the periods identified in the BMW Rolls-Royce GmbH warranty provided under Section 6.7 be free from:
(a) defects in workmanship furnished by GULFSTREAM in the process of installation of the engines and nacelles, and
(b) defects inherent in the design of the installation of the engines and nacelles in view of the state of the art at the time of the design thereof.
GENERAL A. Any supplement, modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties.
GENERAL A. The Company must verify yields and other information used to establish insurance guarantees and indemnity payments in accordance with the regulations and procedures.
GENERAL A. This Agreement contains the entire understanding of the parties, shall supersede any other oral or written agreements, and shall ensure to the benefit of Company's successors and assigns. It may not be modified in any way without the written consent of both parties.
GENERAL A. Failure on the part of either party (the "first party") to insist on strict compliance by the other with any provisions of this Agreement shall not constitute a waiver of the other party's obligations in respect thereof, or of the first party's right hereunder to require strict compliance therein in the future.
b. This Agreement sets forth the entire understanding of the parties as to the matters included herein, and can be amended or extended only by written Agreement signed by both parties.
c. This Agreement shall be binding upon and inure to the benefit of the parties hereto and permitted assigns, and Consultant shall not convey or assign his rights or obligations hereunder without the prior written consent of the Company.
d. The obligations set forth in this Agreement are severable and divisible, and any clause or portion not enforceable thereof shall not cause the remainder of such clause or of the other obligations contained herein from being enforceable.
GENERAL A. Buyer's execution of this Agreement constitutes Buyer's offer to purchase, on the terms and conditions set forth herein, the service described in this agreement, and such offer is irrevocable for thirty (30) days after Buyer executes and delivers to Seller this Agreement together with all necessary engineering data and information. Prices are firm for sixty (60) days after the bid date provided a firm order is received by Xxxxx & Xxxxxxxx, Inc. within that time period. In the event firm orders are not received by Seller within the times set forth above, then price and delivery estimates may change due to changes in the costs of material and/or labor at the time when the firm orders are received by Seller. Seller reserves the right to amend this Service Agreement if not signed and returned within sixty (60) days from the quotation date. In the event we are unable to perform service within the estimated period for reasons beyond our control, including a request by the Buyer to defer performance, the prices are subject to adjustment to those prevailing at the time of performance, but will not exceed 2% per month.
GENERAL A. Stipulations The section "Special Requirements" forms a part of this section by this reference thereto and shall have the same force and affect as if printed herewith in full. The Contract Drawings and the Standard Form of Agreement apply to this Section.
GENERAL A. Any supplement, modification or waiver of this Agreement must be in writing and signed by an authorized representative of both Client and CCS, LLC.