Limited Warranty; Exclusive Remedies Sample Clauses

Limited Warranty; Exclusive Remedies. Subject to Section 5.2 of this Agreement, Granicus warrants that the Granicus Software, as provided by Granicus, will substantially perform in accordance with the functionality and features as described in the Proposal for as long as the Customer pays for and receives Managed Services. Customer’s sole and exclusive remedy for any breach by Granicus of this warranty is to notify Granicus, with sufficient detail of the nonconformance, and provide Granicus with a reasonable opportunity to correct or replace the defective Granicus Software. Customer agrees to comply with Xxxxxxxx’ reasonable instructions with respect to the alleged defective Granicus Software.
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Limited Warranty; Exclusive Remedies. 1.1. LIMITED WARRANTY ON SYSTEMS: Subject to the restrictions and terms herein, Company warrants solely to the original Customer that the System will be weathertight for that certain period of years as stated on the attached Exhibit A. Notwithstanding the foregoing, the colors of the System may vary within a reasonable scope due to unavoidable color variations in different production batches, and such variations shall not constitute a material defect. This limited warranty is limited solely to the original Customer with proof of purchase. 1.2. THE LIMITED WARRANTY: During a covered System’s limited warranty period, Company will, at Company’s sole option and discretion, (1) repair or correct the defective System in whole or in part or (2) replace the defective System in whole or in part. Such repair or replacement shall be performed by Company or at Company’s direction without charge to Customer for both the material and labor costs associated with the same. Limitations on Company’s financial obligations related to this limited warranty, if any, are stated on the attached Exhibit A. 1.3. PREREQUISITES FOR LIMITED WARRANTY COVERAGE: The foregoing limited warranty is entirely subject to the occurrence of all of the following: (a) Contractor’s inspection of the System’s component parts prior to fabrication and installation of same. (b) Contractor’s installation of the System within ninety (90) days of the date that the System’s component parts are shipped from Company to Contractor. (c) Contractor’s installation of the System in full and complete accordance with both (i) Company’s then current System installation instructions and (ii) commonly accepted industry practices. The System shall be inspected by a third party installation inspector both during and after the System’s installation. This limited warranty document will reflect both inspection dates on the attached Exhibit A. Company’s System Installation Instructions may be found at: xxxx://xxx.xxxxxxxxxx.xxx/Static/Installation (d) The Materials shall be installed with a final, as-installed slope as follows: (i) Sentrigard SL 150: Minimum Slope 1-1/2”:12”;
Sample 1
Limited Warranty; Exclusive Remedies. 1.1. LIMITED WARRANTY ON PRODUCTS: Company warrants solely to the original Customer that (a) the Structural Frame will be free from defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of original retail purchase, and (b) the Non-Frame Parts, will be free from defects in materials and workmanship under normal use for a period of NINETY (90) DAYS from the date of original retail purchase. Notwith- standing the foregoing, the colors and finishes of the Products may vary within a reasonable scope due to unavoid- able color variations in different production batches, and such variations shall not constitute a material defect. This limited warranty is limited solely to the original Customer with proof of purchase and is not transferable.
Sample 1
Limited Warranty; Exclusive Remedies. Granicus warrants that the Granicus Software, as provided by Granicus, will substantially perform in accordance with its applicable written specifications for as long as City pays for and receives Managed Services. City’s sole and exclusive remedy for any breach by Granicus of this warranty is to notify Granicus, with sufficient detail of the nonconformance, and provide Granicus with a reasonable opportunity to correct or replace the defective Granicus Software. City agrees to comply with Xxxxxxxx’s reasonable instructions with respect to the alleged defective Granicus Software.
Sample 1
Limited Warranty; Exclusive Remedies. SPECIMEN 1.1. LIMITED WARRANTY ON COATINGS: Subject to the restrictions and terms herein, Company warrants solely to the original Customer that for the thirty (30) year period starting on the date that Coating was applied to the Substrate that the Coating will not (i) exhibit cracking, flaking, or peeling to an extent that is apparent on ordinary outdoor visual observation, (ii) chalk in excess of ASTM D-4214 method A number 8, or (iii) change in color on sunlight exposed surface areas by more than five (5.0) Hunter delta-E units as determined by ASTM method D- 2244. This limited warranty does not apply to (y) non-uniform color changes on surfaces not equally exposed to sunlight and elements or (z) minute fracturing as the same may occur in proper fabrication of building components. Notwithstanding the foregoing, for Materials utilizing either of the colors Banner Red or Brandywine, Company’s warranty to the original Customer for cracking, etc, as per item (i) above shall be twenty (20) years, for chalking as per item (ii) above shall be ten (10) years, and for color changes as per item (iii) above shall be for ten (10) years. Further notwithstanding the foregoing, for Materials utilizing the Matte Black color, Company’s warranty to the original Customer for cracking, etc, as per item (i) above shall be thirty-five (35) years, for chalking as per item (ii) above shall be twenty (20) years and shall be measured in excess of ASTM D-4214 method A number 6, and for color changes as per item (iii) above shall be for twenty (20) years and shall be measured by more than nine (9.0) Hunter delta-E units as determined by ASTM method D-2244. Additionally notwithstanding the foregoing, for Materials utilizing either micas or metallic colors, Company’s warranty to the original Customer for cracking, etc, as per item (i) above shall be twenty (20) years, for chalking as per item (ii) above shall be twenty (20) years, and the Company shall offer NO warranty of any kind regarding color changes. For the purposes of this limited warranty, a crack is defined as a break in the Coating sufficiently deep that the underlying substrate surface is visible. For the purposes of this limited warranty, flaking is defined as the Coating falling away from the Substrate in whole or in part in small subportions and without human intervention. For the purposes of this limited warranty, peeling is defined as the Coating actually pulling away from the Substrate in whole or in part in larger ...
Sample 1

Related to Limited Warranty; Exclusive Remedies

  • Exclusive Remedies Subject to Section 9.12, the parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from intentional fraud on the part of a party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in this ARTICLE VII. In furtherance of the foregoing, each party hereby waives, to the fullest extent permitted under the law, any and all rights, claims and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other parties hereto and their affiliates and each of their respective representatives arising under or based upon any law, rule or regulation, except pursuant to the indemnification provisions set forth in this ARTICLE VII. Nothing in this Section 7.05 shall limit any person’s right to seek and obtain any equitable relief to which any person shall be entitled pursuant to Section 9.12 or to seek any remedy on account of any intentional fraud by any party hereto.

  • Non-Exclusive Remedies The remedies provided for in this Section 7 are not exclusive and shall not limit any rights or remedies which may otherwise be available to any Indemnified Person at law or in equity.

  • Exclusive Remedy The foregoing shall constitute the Parties' sole and exclusive remedies and obligations with respect to a third party claim of intellectual property infringement arising out of the conduct of business under this Agreement.

  • Non-exclusive Remedy; Survival The indemnification and contribution provided for under this Agreement shall be in addition to any other rights to indemnification or contribution that any indemnified party may have pursuant to law or contract and shall remain in full force and effect regardless of any investigation made by or on behalf of the indemnified party or any officer, director or controlling Person of such indemnified party and shall survive the transfer of Registrable Securities and the termination or expiration of this Agreement.

  • Nonexclusive Remedies All remedies provided in this Agreement may be exercised individually or in combination with any other available remedy. Contractor shall notify the JBE immediately if Contractor is in default, or if a third party claim or dispute is brought or threatened that alleges facts that would constitute a default under this Agreement. If Contractor is in default, the JBE may do any of the following: (i) withhold all or any portion of a payment otherwise due to Contractor, and exercise any other rights of setoff as may be provided in this Agreement or any other agreement between a Judicial Branch Entity and Contractor; (ii) require Contractor to enter into nonbinding mediation; (iii) exercise, following Notice, the JBE’s right of early termination of this Agreement as provided herein; and (iv) seek any other remedy available at law or in equity.

  • WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services). 6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. 6.3 FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. 6.4 TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

  • Release; Exclusive Remedy (a) This Section 5.4 shall apply notwithstanding anything else contained in this Agreement or any stock option or other equity-based award agreement to the contrary. As a condition precedent to any Company obligation to the Executive pursuant to Sections 5.3(b) or (c), the Executive shall, upon or promptly following his or her last day of employment with the Company (and in any event within twenty-one (21) days following the Executive’s last day of employment), execute a general release agreement in substantially the form of Exhibit A (with such amendments that may be necessary to ensure the release is enforceable to the fullest extent permissible under then applicable law), and such release agreement shall have not been revoked by the Executive pursuant to any revocation rights afforded by applicable law. (b) The Executive agrees that the payments and benefits contemplated by Section 5.3 (and any applicable acceleration of vesting of an equity-based award in accordance with the terms of such award in connection with the termination of the Executive’s employment) shall constitute the exclusive and sole remedy for any termination of Executive’s employment and the Executive covenants not to assert or pursue any other remedies, at law or in equity, with respect to any termination of employment. The Company and the Executive acknowledge and agree that there is no duty of the Executive to mitigate damages under this Agreement. All amounts paid to the Executive pursuant to Section 5.3 shall be paid without regard to whether the Executive has taken or takes actions to mitigate damages. The Executive agrees to resign, on the Severance Date, as an officer and director of the Company and any Affiliate of the Company, and as a fiduciary of any benefit plan of the Company or any Affiliate of the Company, and to promptly execute and provide to the Company any further documentation, as requested by the Company, to confirm such resignation.

  • Non-Exclusive Remedy Notwithstanding anything herein to the contrary, termination of this Agreement by a Party shall be without prejudice to other remedies such Party may have at law or equity.

  • Waivers, Non-Exclusive Remedies No failure on the part of Agent or any Lender to exercise, and no delay in exercising and no course of dealing with respect to, any right under this Agreement or the other Loan Documents shall operate as a waiver thereof; nor shall any single or partial exercise by Agent or any Lender of any right under this Agreement or any other Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights in this Agreement and the other Loan Documents are cumulative and shall in no way limit any other remedies provided by law.

  • Limited Warranties and Remedies (1) Online Services. Microsoft warrants that each Online Service will perform in accordance with the applicable SLA during Customer’s use. Customer’s remedies for breach of this warranty are described in the SLA.

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