Material Errors. Buyer shall not have discovered any material --------------- error, misstatement or omission in any of the representations or warranties made by the Company in this Agreement, or any certificate, schedule, exhibit, statement, report or other documents delivered or furnished by the Company pursuant to this Agreement; or (ii) failure on the part of the Company to perform or satisfy any covenants or conditions required to be performed or satisfied by it or him under this Agreement. 6.5
Material Errors. Following the Commencement Date, if either Party identifies any material errors in the scope, content or description of the Services or the Service Charges (including any errors in the associated assumptions or the charging mechanisms), the Parties, acting reasonably and in good faith, shall correct such material errors as soon as reasonably practicable in accordance with the provisions of Clause 22 (Change Management).
Material Errors. In the event WIL commits a material error in the performance of Services for a Study, which material error causes the results of such Study to be unusable for Sponsor’s stated purposes set forth in the relevant Protocol, at Sponsor’s election, WIL will either rerun that part of the Study (or, if necessary, the whole Study) on terms mutually acceptable to WIL and Sponsor or (ii) refund to Sponsor the sums paid WIL as of that date on account of the Study. The foregoing shall be the Sponsor’s sole remedy with respect to errors of WIL in the conduct of a Study.
Material Errors. WRF’s exclusive remedy under this XXXX for Claims related to WRF software tools is specified in our Terms. In the event of a material bug or error that causes the software tools to fail in their intended purpose, WRF may, in its sole and exclusive discretion, repair or replace such software. In this event, WRF may ask you for specific details regarding the material errors encountered or may request return of the software. You are responsible for any costs and expenses you may incur – such as shipping software to WRF.
Material Errors. Any material error in the calculation or reporting of the closing net asset values, dividends, or capital gain information shall be reported immediately to the Insurer upon discovery. In such event the Insurer shall be entitled to an adjustment to the number of shares purchased or redeemed to reflect the correct closing net asset value per share and the Fund or Distributor shall bear the cost of correcting such errors.
Material Errors. Purchaser shall not have discovered any material misstatement or omission in any of the exhibits hereto or representations or warranties made herein by Seller or material failure on the part of Seller to perform or satisfy any covenants or conditions required to be performed or satisfied by Seller hereunder.
Material Errors. KCC warrants that if during the ninety (90) day period after installation and/or the duration of any extended warranty, County notifies KCC that the Software contains an error that materially and adversely affects County’s law enforcement activities, KCC will at no cost to County use its best efforts to either correct the error or provide a reasonable workaround for such error. KCC does not warrant that the functions contained in the Software will meet County requirements, nor that the operation of the Software will be uninterrupted or error-free. The warranties set forth in this Section do not cover any copy of the Software that has been altered or changed in any way by County or any authorized user. During the warranty period KCC will provide changes to the software mutually agreed upon by the parties for software troubleshooting and program code debugging only. No customization of the COPLINK System products will occur beyond that stated unless otherwise noted in a separate agreement. The warranty does not include any updates to the software that are not the result of errors.
Material Errors. KCC warrants that if during the ninety (90) day period after installation and/or the duration of any extended warranty, County notifies KCC that the Software contains an error that materially and adversely affects County’s law enforcement activities, KCC will at no cost to County use its best efforts to either correct the error or provide a reasonable workaround for such error. KCC does not warrant that the functions contained in the Software will meet County requirements, nor that the operation of the Software will be uninterrupted or error-free. The warranties set forth in this Section do not cover any copy of the Software that has been altered or changed in any way by County or any authorized user.
Material Errors. If Multiple Material Errors occur, FEP shall provide the Manager with written notice of such occurrence, following which the Manager shall have 15 days to cure such errors. In the event all such errors are not cured within such period, FEP may terminate its obligations to pay Selling Commissions at any time thereafter upon 60 days prior written notice to the Manager.
Material Errors. If Multiple Material Errors occur, LFL shall provide TGSS with written notice of such occurrence, following which TGSS shall have 60 days to cure such errors during which period LFL shall have the right to suspend its obligation to pay Selling Commissions. If such breach continues uncured, at the expiration of such notice period, LFL may give a second written notice to the Fund declaring that the Termination Date has occurred (in which case the Termination Date shall be deemed to have occurred on the date such second notice is given), provided that if such Multiple Material Errors occur only in respect of a New B Share Sub-Fund or New B Share Sub-Funds which are not Substantial Funds (in either case), LFL may only terminate its obligations in respect of such Sub-Fund or Sub-Funds (as the case may be). Where LFL terminates its obligations in respect of a New B Share Sub-Fund or New B Share Sub-Funds which are not Substantial Funds (in either case) then the Fund, TGAL, or TGSS shall either (i) take such actions as LFL may reasonably request so as to preserve the economic return to LFL in respect of such terminated Sub-Fund or Sub-Funds (so that LFL receives a return equal to the return it would have received had such Multiple Material Errors not occurred); or (ii) demonstrate to LFL that it can accurately track the relevant New B Shares of such terminated Sub-Fund. In the event that such errors are cured within the 60 day period, then LFL shall promptly pay all Selling Commissions in respect of the sales of Deferred Sales Charge Shares which occurred during such period.