Material Defect. If the Property has any material defect, Owner has communicated any such defect to the Broker. Broker is authorized to disclose to any potential Tenant any such defects and any other material information, including the flood hazard status of the Property, known by the Broker relating to the Property.
Material Defect. To the best knowledge of the Company, VCGH or any representative of the Company or VCGH, there are no material defects to the Premises which have not been disclosed in writing to the Purchaser.
Material Defect. The Enforcing Servicer shall promptly forward such PSA Party Repurchase Request to the applicable Mortgage Loan Seller and each other party to this Agreement. Subject to subsections (g), (h), (i), (j) and (k) of this Section 2.03, the Enforcing Servicer shall act as the Enforcing Party and enforce the rights of the Trust against the related Mortgage Loan Seller with respect to each Repurchase Request. The Enforcing Servicer shall enforce the obligations of the Mortgage Loan Sellers under the Mortgage Loan Purchase Agreements (including, without limitation, obligations resulting from a Material Defect) pursuant to the terms of this Agreement and the Mortgage Loan Purchase Agreements. Subject to the provisions of the applicable Mortgage Loan Purchase Agreement and this Agreement, such enforcement, including, without limitation, the legal prosecution of claims, if any, shall be carried out in such form, to such extent and at such time as the Enforcing Servicer would require were it, in its individual capacity, the owner of the affected Mortgage Loan, and in accordance with the Servicing Standard. Any costs incurred by the Enforcing Servicer with respect to the enforcement of the obligations of a Mortgage Loan Seller under the applicable Mortgage Loan Purchase Agreement shall be deemed to be Property Advances, to the extent not recovered from the Mortgage Loan Seller or the applicable Requesting Certificateholder and/or Consultation Requesting Certificateholder.
Material Defect. If a material defect is disclosed in the Residential Real Property Disclosure Report, after acceptance by the prospective buyer of an offer or counter-offer made by a seller or after the execution of an offer made by a prospective buyer that is accepted by the seller for the conveyance of the residential real property, then the Prospective Buyer may, within three business days after receipt of that Report by the prospective buyer, terminate the contract or other agreement without any liability or recourse except for the return to prospective buyer of all xxxxxxx money deposits or down payments paid by prospective buyer in the transaction. If a material defect is disclosed in a supplement to this disclosure document, the prospective buyer shall not have a right to terminate unless the material defect results from an error, inaccuracy, or omission of which the seller had actual knowledge at the time the prior disclosure document was completed and signed by the seller. The right to terminate the contract, however, shall no longer exist after the conveyance of the residential real property. For purposes of this Act the termination shall be deemed to be made when written notice of termination is personally delivered to at least one of the sellers identified in the contract or other agreement or when deposited, certified or registered mail, with the United States Postal Service, addressed to one of the sellers at the address indicated in the contract or agreement, or, if there is not an address contained therein, then at the address indicated for the residential real property on the Report.
Material Defect. Material Defects in the Platform, Software or the Services will be dealt with by Us within the agreed fixed reaction times specified in the Quote or agreed SLA, and will apply after You have notified Us in writing of the defect. The parties understand a material defect in soft- ware to mean the following: A material defect is a condition in which the software in the available ver- sion, when used in accordance with the contract, does not perform a function specified in the service description or in the documentation provided for reasons for which We are responsible and this has a fundamental effect on the suitability of the Platform or the Software for its agreed use. In particular, no defect shall be deemed to exist if (i) the problem was caused by improper installation or handling of the software by You or by third parties and/or is used under system conditions which are not speci- fied in the service description or in the documenta- tion or (ii) the problem is caused by other reasons which are not within our control. The defect shall be remedied at Our discretion by providing an updated version or a reasonable work- around to circumvent the defect. We shall be enti- tled to attempt to remedy the defect at least twice. Defects of the Platform or the Services which do not significantly impair the functionality will be remedied by a software update within a reasonable period of time determined by Us. In the event of only an insig- nificant reduction in the suitability of the Platform or the Services for use in accordance with this Agree- ment, you agree and acknowledge there shall be no claims for defects. You are entitled to claim for reasonable and actually incurred damages due to defects subject to the limits on liability set out in these General Terms. If, upon investigation of a defect by Us, it transpires that there is no defect or that the defect is not at- tributable to Us, We shall be entitled to invoice You for the reasonable costs and expenses actually in- curred in relation to the investigation of the defect.
Material Defect. To be effective, any such notice shall specifically identify and describe the basis for such termination, and shall include substantiating evidence thereof. Minor deviations in the location of a pipeline relative to a defined right-of-way in an easement or encroachments on the right of way shall not be deemed to constitute a Material Defect for purposes of this Agreement.
Material Defect. For a consecutive period of twenty-four (24) months prior to the Signing Date no claims have been made against the Company or have been asserted by customers that the MailStore Software suffers from any material defects. The aforementioned term material defect shall mean any defect that (i) severely restricts core functionalities of the MailStore Software without any reasonable available workaround and (ii) is claimed by at least five (5) customers of the Company; any other defect shall be considered as non-material.
Material Defect. To the best knowledge of the Seller, the Companies or any representative of the Seller or the Companies, there are no material defects to the Silver City Premises which have not been disclosed in writing to the Purchaser.
Material Defect. The Seller has no knowledge of any material defects to the Property which have not been disclosed in writing to Purchaser (except as set forth in Exhibit C attached hereto and incorporated herein for all purposes).
Material Defect. Defined in the Purchase Agreement.
