Major Defect Sample Clauses

Major Defect. When Licensee reports a Major Defect to MicroPact using the MicroPact hotline, MicroPact shall immediately proceed with diligent and sustained effort to (i) recreate and verify such defect, and then employ reasonable commercial efforts to correct such major defect and (ii) unless the major defect is corrected within forty- eight hours of MicroPact’s receipt of Licensee’s report thereof (or such longer period as Licensee may agree), implement a temporary solution to avoid or significantly minimize the impact of the major defect on the operation of the Licensed Software until the major defect is corrected. For purposes of this Agreement, a major defect means that most or all of the Licensed Software functionality is rendered inoperable.
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Major Defect. The defect which prevents or substantially hinders the use of Works in accordance with intended use.
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Major Defect. A major defect prevents the bus from continuing in revenue service, either because its actual movement is limited or it cannot be operated safety. Examples of a major defect include:
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Major Defect a Defect that objectively prevents the Customer from using the key functions of the Deliverable concerned.
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Major Defect. Includes (but not limited to) insect damage, Dwarf Mistletoe, visible rot, xxxxx, sweep, bole damage, dead top, and/or leaning bole.
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Major Defect. Major defect is a defect, mechanical, electrical functional or appearance that will or is likely to result in failure to operate or to perform outside of acceptable limits for the intended end use or application. Major defect is a defect, packaging or labeling that will result in inability of buyer to ship product through their distribution channels. 4.3
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Major Defect. (a) Owner may deliver written notice to Seller at any time and from time to time prior to the expiration or other termination of the Warranty Period that in not less than ***percent (***%) of the number of Wind Turbines, sold pursuant to this Agreement (such product rounded up to the nearest whole number) a similar major operational problem has actually occurred in the same Major Components installed at the Site, and each such major operational problem was caused by the same defect in design, materials or workmanship that has become apparent in each of such Wind Turbines in breach of the Warranty ("Major Defect"). Within one hundred twenty (120) days of receipt of such Owner's notice Seller shall investigate the major operational problem and provide in writing a report to Owner describing in reasonable detail such major operational problem by investigating and analyzing the affected Wind Turbines and whether or not each such major operational problem was the result of the same or similar defect in design, materials or workmanship in breach of the Warranty or other cause. During the period that Seller is investigating the malfunctions and preparing its report on the same, Seller shall periodically inform Owner of the status of such investigation and reporting, and when requested by Owner, Seller shall consult with Owner in good faith regarding the same provided, however, that Seller shall not be required to disclose preliminary working hypotheses or analyses.
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Major Defect. A major defect is a defect, other than critical, that is likely to result in failure, or to reduce materially the usability of the unit of product for its intended purpose. CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE3S1-23-R-0005 PAGE 19 OF 71 PAGES
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Related to Major Defect

  • Title Defect (a) In the event Seller receives notice of any Survey Objection or Title Objection (collectively and individually a “Title Defect”) within the time periods required under Sections 6.1 and 6.2 above, Seller may elect (but shall not be obligated) to attempt to remove, or cause to be removed at its expense, any such Title Defect, and shall provide Purchaser with notice within five (5) days of its receipt of any such objection, of its intention to attempt to cure such any such Title Defect. If Seller elects to attempt to cure any Title Defect, the Scheduled Closing Date shall be extended for a period of twenty (20) days for the purpose of such removal. In the event that (i) Seller elects not to attempt to cure any such Title Defect, or (ii) Seller is unable to cure any such Title Defect within such twenty (20) days from the Scheduled Closing Date, Seller shall so notify Purchaser and Purchaser shall have the right to terminate this Agreement pursuant to this Section 6.3(a) and receive a refund of the Xxxxxxx Money Deposit, together with all interest which has accrued thereon, or to waive such Title Defect and proceed to the Closing. Purchaser shall make such election by written notice to Seller within three (3) days after receipt of Seller’s notice. If Seller has elected to cure a Title Defect and thereafter fails to timely cure such Title Defect, and Purchaser elects to terminate this Agreement, then (i) Seller shall reimburse Purchaser for its reasonable out-of-pocket costs and expenses payable to third parties in connection with this transaction incurred after the date on which Seller informed Purchaser of its election to cure the Title Defect, not to exceed the Reimbursement Cap, and (ii) Purchaser shall promptly return Purchaser’s Information to Seller, after which neither party shall have any further obligation to the other under this Agreement except for the Termination Surviving Obligations. If Purchaser elects to proceed to the Closing, any Title Defects waived by Purchaser shall be deemed to constitute Permitted Exceptions, and there shall be no reduction in the Purchase Price. If, within the three-day period, Purchaser fails to notify Seller of Purchaser’s election to terminate, then Purchaser shall be deemed to have waived the Title Defect and to have elected to proceed to the Closing.

  • Casualty Loss If in Owner’s reasonable judgment the premises or the Property is materially damaged by fire or other casualty, Owner may terminate this Agreement within a reasonable time after such determination, by written notice to Resident, in which case Owner will refund prorated, pre-paid rent and all deposits less lawful deductions unless Resident and/or Resident’s guest(s) caused the casualty, in which case all funds on account will be applied to all applicable charges related to the damages and Resident will be responsible for the balance of all charges for repairs. If following a fire or other casualty Owner has not elected to terminate this Agreement, Owner will rebuild the damaged areas within a reasonable time, and during such reconstruction, Resident will be provided a reasonable rent reduction for the unusable portion of the premises unless Resident and/or Resident’s guest(s) caused the casualty.

  • Title Defects If: (i) the Title Commitment reflects any exceptions to title which are not acceptable to Buyer, in Buyer’s sole discretion; (ii) the Survey discloses any state of fact not acceptable to Buyer, in Buyer’s sole discretion; or (iii) at any time prior to the Closing, title to the Property is encumbered by any exception to title not acceptable to Buyer, in Buyer’s sole discretion (with any such exception or unacceptable state of fact being referred to herein as a “Title Defect”); then Buyer may, on or before the Satisfaction Date (or, in the case of a Title Defect not disclosed by the Title Commitment prior to the Satisfaction Date, within fifteen (15) days after Buyer receives notice of such Title Defect), provide Seller with written notice of such Title Defect. Seller shall have the right, but not the obligation (except as specifically set forth below), during the thirty (30) day period after receipt of such notice, but not later than the Closing, to remove such Title Defect or obtain affirmative title insurance coverage acceptable to Buyer, insuring and defending Buyer against any loss, cost, or expense arising out of or related to such Title Defect (“Affirmative Coverage”). If Seller elects to do so, then on or before the Closing Date (as defined below), Seller shall provide Buyer with reasonable evidence of such removal or provide reasonable evidence that such Title Defect will be removed or that such Affirmative Coverage will be obtained. Notwithstanding anything contained herein to the contrary, Seller shall be obligated to expend whatever sums are required to cure or obtain Affirmative Coverage for the following Title Defects prior to, or at, the Closing:

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