Liability for Deficiencies. No sale or other disposition of all or any part of the Mortgage Estate pursuant to Section 4.02 shall be deemed to relieve the Mortgagor of its obligations under the Loan Agreement or any other Loan Document except to the extent the proceeds thereof are applied to the payment of such obligations. Except as otherwise provided in the Loan Documents, if the proceeds of sale, collection or other realization of or upon the Mortgage Estate are insufficient to cover the costs and expenses of such realization and the payment in full of the Obligations, the Mortgagor shall remain liable for any deficiency.
Liability for Deficiencies. Guarantor shall be liable to each Guaranteed Party for any deficiency resulting from the exercise by any Guaranteed Party of any right or remedy, even though any right that Guarantor may have against the Borrower or others may be eliminated or diminished by the exercise of any such right or remedy.
Liability for Deficiencies. Guarantor shall be liable to Lender for any deficiency resulting from the exercise by Lender of any right or remedy, even though any right that Guarantor may have against Borrower or others may be eliminated or diminished by the exercise of any such right or remedy.
Liability for Deficiencies. 1. The Supplier guarantees that all deliveries/services conform to the latest state of the art and to the relevant legal provisions and standards, regulations and directives of the authorities, safety organisations and specialist industrial associations. Moreover, the Supplier guarantees that all delivered goods are free of defects, conform to the Customer’s requirements and are suitable for the intended use. If, in individual cases, deviations from the said provisions are necessary, the Supplier must obtain the written consent of the Customer to this effect. This consent shall not diminish the Supplier’s liability for deficiencies. If the Supplier has any reservations concerning the Customer’s desired mode of implementation, the Supplier must immediately notify the Customer of these reservations in writing.
2. The Supplier is responsible for the environmental compatibility of the delivered products and packing materials and for all consequential damages deriving from non-compliance with the Supplier’s waste disposal obligations.
3. At the request of the Customer, the Supplier must issue a certificate of composition for the delivered goods. The Supplier must supply all applicable Safety Data Sheets together with the delivery. The Supplier shall also exempt the Customer from any legal recourse by third parties in the event of failure to provide these Safety Data Sheets or if the said Safety Data Sheets are delivered late or if they are incorrect. This provision also applies to all subsequent modifications.
4. The Customer shall inspect the delivered goods on receipt solely to check their identity, completeness and any transport damage, to the extent that such inspection is standard practice in normal business operation and is in conformity with the nature of the goods and their intended use. As a general rule, this inspection by the Customer is limited to random sample testing.
5. Complaints about deficiencies, as defined in § 377 of German Commercial Code (“HGB”) shall be deemed to be submitted in good time if they are sent within 10 days of discovery of a deficiency. If the Supplier does not receive the complaint despite the fact that it has been duly sent, the complaint shall be deemed to be in good time if the Customer sends it to the Supplier immediately upon ascertaining that it has not been received. Any objection on the grounds of lateness of the complaint and acceptance of delivery without reservation shall not be accepted.
6. Complaints during the...
Liability for Deficiencies. To the fullest extent permitted by applicable law, each Loan Party expressly waives any defenses to the enforcement of this Agreement, or to the enforcement of this Agreement, or to the enforcement of any other Loan Document, or to any rights of the Lender created or granted hereby or thereby, or to the recovery by the Lender against any Loan Party or any other Person liable therefor of any deficiency after a judicial or nonjudicial foreclosure or sale of any collateral, whether real or personal, from time to time securing any of the Obligations, even though such a foreclosure or sale may impair the subrogation rights of one or more of the Loan Parties and may preclude one or more of the Loan Parties and may preclude one or more of the Loan Parties from obtaining reimbursement or contribution from other Loan Parties. To the fullest extent permitted by applicable law, each Loan Party expressly waives any defenses or benefits that may be derived from California Civil Code Section Section 2809, 2810, 2819, 2839, 2849, 2899 or 3433, or from California Code of Civil Procedure Section Section 580a, 580b, 580d or 726, or from comparable provisions of the laws of any other jurisdiction, and all other suretyship defenses it otherwise might or would have under California law or other applicable law. To the fullest extent permitted by applicable law, each Loan Party, for itself, expressly waives any right to receive notice of any judicial or nonjudicial foreclosure or sale of any real property or interest therein of another Loan Party that is subject to any such deeds of trust or mortgages or other instruments, and any Loan Party's failure to receive any such notice shall not impair or affect such Loan Party's obligations or the enforceability of the Loan Documents or any rights of the Agent created or granted hereby or thereby.
Liability for Deficiencies. Without prejudice to any other provision contained in this Agreement, the following shall govern the occurrence of any Deficiency in Services by the Strategic Partner during the Operations Phase:
a) In case a Deficiency is observed by the Authority during the provision of Services during the Operations Phase, the Strategic Partner shall be responsible for remedying such Deficiency at its own cost.
b) In the event the Strategic Partner fails to promptly remedy the Deficiency within 15 days, or such other period as notified in the Authority’s sole discretion [which shall supersede 15 days period if notified], from the date of receipt of notice of such Deficiency, issued by the Authority, the Authority shall be entitled to undertake such remedial measures at the risk and cost of the Strategic Partner, and recover the actual cost incurred in remedying the Deficiency from the Strategic Partner. Provided however, the Strategic Partner shall have the right to make a representation to the Authority that remedying such Deficiency may require more than 15 (fifteen) days of Cure Period and upon such representation, the Authority may at its discretion extend the aforementioned Cure Period.
c) In the event the Strategic Partner fails to remove and remedy the within the Cure Period set out in Clause 12.6 b) above, the Authority shall, without prejudice to its rights under this Agreement including termination thereof, be entitled to recover from the Strategic Partner, Damages for each day of delay at the rate of 0.2% (zero point two per cent) of value of the Operations Phase I Performance Guarantee up to a maximum cap of 20% of the value of the Operations Phase I Performance Guarantee. If such maximum cap is reached and the Strategic Partner fails to cure the Deficiency, then the same shall be treated as a Strategic Partner Default and the consequences set forth in Article 25 shall follow.
d) The Authority shall have the right, and the Strategic Partner hereby expressly grants to the Authority the right to recover the costs and Damages specified in this Clause 12.6 by adjusting with the relevant Fees payable to the Strategic Partner during the Operations Phase and/or by taking recourse to and appropriating the sums from the Performance Guarantee. Upon appropriation of the Performance Guarantee, the same shall be replenished to its full value in accordance with Clause 9.5 or Clause 9.8, as the case may be.
e) Provided however that in case the Deficiency in Services during...
Liability for Deficiencies. Guarantor shall be liable to each Beneficiary for any deficiency resulting from the exercise by any Beneficiary of any right or remedy, even though any right that Guarantor may have against the Aquasition Parties or others may be eliminated or diminished by the exercise of any such right or remedy.
Liability for Deficiencies. 8.1 If Abtec provides defective services, Abtec within a reasonable period of time and at its own discretion shall be obliged either to provide its services as defined in the contract or to perform the necessary improvement work. The obligation to remedy a deficiency is conditional upon the determination of the deficiencies reported by the Customer and their reproducibility. Abtec is entitled to at least two attempts at remediation. For the purpose of this agreement a service is defective only when it displays more than merely insignificant deviations from the agreements in the valid service description.
8.2 If the deficiency of the service is based on defective items (e.g. hardware devices) provided for the Customer to use by Abtec, Abtec shall at its discretion either remedy the defect, exchange the defective item for a defect-free item or offer another solution whose functionality corresponds as closely as possible to the originally agreed service.
8.3 If the deficiency of the service is based on the use of software which Abtec has acquired from third parties or has continuously licensed in order to fulfil this agreement, then the rights of the Customer with respect to the deficiency shall be limited to the rights of Abtec against the relative manufacturer, supplier or licensor. Abtec may opt to assert these rights itself or to assign them to the Customer.
8.4 If deficiencies occur in the products provided by the Customer, the elimination of such deficiencies is not an Abtec obligation. Abtec shall provide reasonable support in all efforts to eliminate the technical deficiencies. The support provided by Abtec shall be reimbursed to Abtec by the Customer according to the list prices valid at the time when Abtec is commissioned.
8.5 If, in the valid service description, the parties have agreed on flat-rate compensation for a defect in a service, then the amount agreed in the service description shall apply to the reduction, damages and reimbursement of costs arising from that defect.
8.6 If, in the valid service description, the parties have not agreed on flat-rate compensation for a defect in a service, then the following arrangement shall apply in the event of a breach of the service level availability defined in the valid service description. If the service level availability is not achieved, the agreed payment shall be reduced. The reduction in payment shall be applied in increments of 1% for every 0.1 % shortfall in achieving the service level. The r...
Liability for Deficiencies. No sale or other disposition of all or any part of the Mortgage Estate pursuant to Section 4.01 shall be deemed to relieve the Mortgagor of its obligations under any Loan Instrument except to the extent the proceeds thereof are applied to the payment of such obligations. If the proceeds of sale, collection or other realization of or upon the Mortgage Estate are insufficient to cover the costs and expenses of such realization and the payment in full of the Obligations, the Mortgagor shall remain liable for any deficiency, to the extent permitted by applicable law.
Liability for Deficiencies. 1 The quality of the goods emanates exclusively from the contractual agreements with our customer, meaning on the basis of our written order confirma- tion. 2 Precondition for the lodging claims by the customer is that he must have correctly honoured its inspec- tion and notification obligations as per Articles 377 and 381, HGB (Handelsgesetzbuch [Commercial Code]), meaning that he must have notified us forthwith of the deficiencies. 3 If the customer reports a deficiency, he must im- mediately enable us to view and inspect the deliv- ered goods. If we or our agent are not given that possibility, any claims concerning the relevant defi- ciencies will be null and void.
