Good and Merchantable Title; Conformity to Specifications Sample Clauses

Good and Merchantable Title; Conformity to Specifications. Supplier warrants that at the time of delivery to Alcatel that it shall convey good and merchantable title to all of the Equipment delivered under this Agreement and that each such unit of the Equipment shall conform to the Specifications and shall be free from defects in materials and workmanship for a period of two (2) years from delivery of the Equipment to Alcatel. Supplier shall repair or replace, at its sole discretion, at no cost to Alcatel, such items of Equipment which prove defective and/or are not in conformity with the Specifications. The remedy of repair or replacement under this Section shall be Alcatel's sole and exclusive remedy under the warranty, unless the Supplier repeatedly demonstrates it has not satisfied its obligations under such warranty. Then Alcatel may, at its option, return the defective Equipment and associated Software, and Supplier shall refund the amounts paid for such Equipment and associated Software upon receipt. Such warranty shall not apply where Equipment has been rendered defective or not in conformity with the Specifications as a result of Alcatel's or Alcatel's End-user's negligent operation or use, Excusable Delay, accident, use of improper supplies, modifications of a type not previously approved by Supplier, maintenance contrary to Supplier's written and previously communicated instructions, or other similar causes beyond normal use of the Equipment.
Sample 1
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Related to Good and Merchantable Title; Conformity to Specifications

  • Quality Specifications SANMINA-SCI shall comply with the quality specifications set forth in its Quality Manual, incorporated by reference herein, a copy of which is available from SANMINA-SCI upon request.

  • Product Specifications The Company agrees that all Products sold to Xxxx hereunder shall conform to the respective specifications set forth on Schedule A or to such other specifications as are from time to time agreed upon by the Parties.

  • Merchantable Inventory All Inventory is in all material respects of good and marketable quality, free from all material defects.

  • Title to Equipment Upon Foothill's request, Borrower immediately shall deliver to Foothill, properly endorsed, any and all evidences of ownership of, certificates of title, or applications for title to any items of Equipment.

  • Title to Improvements Title to all materials, fixtures, Plans and Specifications and Shop Drawings shall be deemed vested in Owner when and as the same shall have been installed, affixed permanently to the realty or otherwise delivered to Owner. Owner shall not be liable for loss or damage to any material or fixtures as to which title is not then vested in Owner at the time of such loss or damage whether such material or fixtures are on the Job Site, in transit, under the control of Owner, or otherwise.

  • Specifications Shipper will ensure that all of its Products tendered at the Origin Point for transportation on the Pipeline System meet the applicable specifications for the Product as set forth in the Tariff (as defined below) (the “Specifications”).

  • Training Materials Training Materials will be provided for each student. Training Materials may be used only for either (i) the individual student’s reference during Boeing provided training and for review thereafter or (ii) Customer’s provision of training to individuals directly employed by the Customer.

  • Changes to Specifications All Specifications and any changes thereto agreed to by the parties from time to time shall be in writing, dated and signed by the parties. Any change to the Process shall be deemed a Specification change. No change in the Specifications shall be implemented by Catalent, whether requested by Client or requested or required by any Regulatory Authority, until the parties have agreed in writing to such change, the implementation date of such change, and any increase or decrease in costs, expenses or fees associated with such change (including any change to Unit Pricing). Catalent shall respond promptly to any request made by Client for a change in the Specifications, and both parties shall use commercially reasonable, good faith efforts to agree to the terms of such change in a timely manner. As soon as possible after a request is made for any change in Specifications, Catalent shall notify Client of the costs associated with such change and shall provide such supporting documentation as Client may reasonably require. Client shall pay all costs associated with such agreed upon changes. If there is a conflict between the terms of this Agreement and the terms of the Specifications, this Agreement shall control. Catalent reserves the right to postpone effecting changes to the Specifications until such time as the parties agree to and execute the required written amendment.

  • Review of Materials During the term of this Agreement, Client shall ensure that all prospectuses, statements of additional information, registration statements, proxy statements, reports to shareholders, advertising and sales literature or other materials prepared for distribution to Fund shareholders or the public, which refer to the Subadviser in any way, prepared by employees or agents of Client or its affiliates are consistent with information previously provided by Subadviser. Subadviser shall promptly notify the Client of any changes to information pertaining to the Subadviser and stated in the materials described in this Section 6(g).

  • Technical Specifications Each Bloom System is an integrated system comprised of a fuel cell stack assembly and associated balance of plant components that converts a fuel into electricity using electrochemical means that (i) has a Nameplate Capacity of at least 0.5 kilowatts of electricity using an electrochemical process and (ii) has an electricity-only generation efficiency greater than thirty percent (30%).

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