Insurance and Warranties. Supplier shall provide any insurance or express warranty requirements outlined in the Request for Proposals or as stated in Supplier’s Proposal.
Insurance and Warranties. With respect to Damages that may be subject to insurance recovery or manufacturer's warranty, Article 8 shall not be enforced against the indemnifying party until the party to be indemnified has first made a claim for Damages against the appropriate insurer or manufacturer. Notwithstanding the foregoing, the party to be indemnified may (a) give notice of such possible claim immediately and (b) pursue indemnification against the indemnifying party under this Article 8 upon the earlier of (i) rejection of such claim; or (ii) the passage of nine months from the date such claim was submitted if no resolution has been reached with the insurer or manufacturer. The indemnifying party shall be entitled to an assignment of the rights against such insurer or manufacturer upon payment of such indemnification claim up to the amount so indemnified.
Insurance and Warranties. 29 8.11 Survival of Representations and Warranties....................29 Article 9. Termination............................................................30 9.1 Termination...................................................30 Article 10.
Insurance and Warranties. (a) The Company and its Subsidiaries have obtained and maintained in full force and effect insurance in such amounts, on such terms and covering such risks as management of the Company believes is reasonable for the business of the Company and its Subsidiaries. Section 3.15(a) of the Company Disclosure Schedule contains a description of the policies of insurance of the Company (the “Policies”) currently in force, specifying with respect to each such Policy the name of insurer, type of coverage, term, deductible amount, limits of liability and annual premium (and the name of the owner of such Policy, if other than the Company). All such Policies are valid, outstanding and enforceable, and neither the Company nor any Subsidiary has agreed to modify or cancel any such Policy, nor has the Company received any notice of actual or threatened modification or cancellation, other than in the ordinary course of business, consistent with past practice. No such Policy will terminate or lapse solely by reason of the Transactions.
(b) Section 3.15(b) of the Company Disclosure Schedule sets forth the form of warranty or a summary of the Company’s warranty policies or service and maintenance agreements generally provided by the Company and its Subsidiaries to their customers as in effect as of the date of this Agreement that provide for warranty coverage for a period in excess of 90 days. Substantially all products of each of the Company and its Subsidiaries manufactured, processed, assembled, distributed, shipped or sold and any services rendered in the conduct of the business of the Company or any of its Subsidiaries have been in material conformity with all applicable standards, contractual commitments and all express or implied warranties.
Insurance and Warranties. The Supplier indemnifies the University against all Losses it directly or indirectly sustains or incurs as a result of: any negligent, unlawful or wilful act or omission of the Supplier or Supplier Personnel or subcontractor engaged by the Supplier; any infringement of the IPRs or moral rights of a third party arising out of the provision of the Services; the Supplier's failure to pay any Indemnified Tax or Charge in connection with the Services or a Supplier Personnel; any claim by or on behalf of a person who has performed any Services in respect of any monetary or non-monetary benefit including in respect of salary, annual leave, sick leave, long service leave, superannuation, allowance, loading, overtime payments, termination pay or other payment or benefit, whether payable under any law, industrial award or agreement or otherwise; any breach of statute by the Supplier; any breach by the Supplier of clause 6 (Confidential Information). Any amount for Losses claimed by the University under the indemnity in clause 4.1 will be reduced proportionally to the extent the Losses are directly caused by a negligent act or omission of the University. The parties agree that, to the extent permitted by law, the operation of Part 4 of the Civil Liability Act 2002 (NSW) and legislation having a similar effect in other states and territories of Australia, in respect of the Supplier, the Supplier’s subcontractors and the Supplier’s Related Body Corporate, is excluded in relation to all and any rights, obligations or liabilities sought to be enforced as a breach of contract or a claim in tort or otherwise. The Supplier must maintain for the term of this Agreement the following policies of insurance: Professional indemnity insurance with limits of not less than $5 million per claim, and for a period of not less than 7 years after the expiry of this Agreement; Public liability ($5 million for each occurrence) throughout the term of the Agreement; and Workers compensation as required by law covering all persons directly or indirectly engaged in providing the Services under this Agreement. The Supplier must ensure that any subcontractor engaged by it is insured to a level commensurate with the insurance obligations of the Supplier under this clause. The Supplier must provide the University with certificates of currency from its insurance brokers certifying that it has insurance as required by this Agreement. The Supplier represents and warrants that: it has all rights, titl...
Insurance and Warranties. All of the properties and assets of Seller ------------------------ at the Designated Branches, the Designated Operating Sites and the Designated ATMs are covered by effective insurance against such losses and risks and in such amounts as are generally insured against by comparable businesses. All amounts due and payable under such insurance policies are fully paid, and all such insurance policies are in full force and effect.
Insurance and Warranties. The Contractor carries adequate Xxxxxxx'x Compensation and/ or Public Liability insurance applicable to the work to be performed under this Agreement. There are no express or implied warranties other than these stated in writing by the manufacturer of the goods provided or by the Contractor, which shall be effective only upon payment in full of the purchase price. The Contractor is not responsible for conditions beyond its control, including condensation which may form on or within a window or between windows resulting from pre-existing conditions in the Buyer's home and external temperatures. Some condensation may also form on the frame or portions of the roof. Excessive condensation in certain climates and conditions may result in growth of mold or mildew. Reducing the humidity in your home will often remedy any condensation problems. Customer understands that the company's manufacturer does not guarantee against minor imperfections of shade variations. Minor imperfections in glass products or color shading variations in materials will not be considered a breach of this Agreement. For Siding: Owners may wish to remove pictures or other items of value which hang on the outside walls. During installation, vibrations may cause loosening of the hanging device and we can assume no responsibility for damage if an incident of the nature were to occur. During Installations: Installation crews may be required to use small hand tools which have to be plugged in customer's outlets. In the event of external (outside) outlet is needed and is not available, the customer may be asked to plug in an extension cord. Delay/Unknown conditions: Events beyond the control of the Contractor, such as Acts of God, labor strikes, inclement weather, acts of terrorism, material shortages, Buyer's inability to qualify for or obtain financing, or other events resulting in delays in performance of this Agreement do not constitute abandonment and are not included in calculating time frames for performance by Contractor. In the event the Contractor determines that this Agreement cannot be performed as intended by the parties due, for example, to incorrect pricing/ measurements, unforeseen structural defects or pre- existing conditions to the Buyer's property, the Contractor may cancel this Agreement within 45 days of its execution, notify the Buyer of such cancellation in writing and return all monies paid by the Buyer. The Contractor and the Buyer(s) have determined that a definite comp...
Insurance and Warranties. The contractor must possess [Insurance Name] insurance up to [Dollar Amount]. The contractor guarantees that all work completed will be free from errors and defects, and must correct any issues found with their work within [Number of days] days of the project's completion.
Insurance and Warranties. 20.1 TfL shall effect and maintain with a reputable insurance company a policy or policies in respect of all risks which may be incurred by TfL, arising out of TfL’s performance of the Agreement and in respect of undertaking/providing the Study, including death or personal injury, loss of or damage to property or any other loss.
20.2 TfL warrants, undertakes and agrees that:
20.2.1 it has all necessary resources, approvals, powers and expertise to deliver the Study (assuming due receipt of the Funding);
20.2.2 it has not committed, nor shall it commit, any Prohibited Act (as defined in clause 16.1, above);
20.2.3 it shall at all times comply with all relevant legislation and all applicable codes of practice and other similar codes or recommendations, and shall notify the Authority immediately of any significant departure from such legislation, codes or recommendations.
20.2.4 the Authority is able to rely upon the findings of the Study in respect of step- free access and capacity feasibility, subject to any necessary key assumptions or by future studies, site surveys or in sections stipulated in the Study.
Insurance and Warranties
