Common use of No Implied Warranties Clause in Contracts

No Implied Warranties. THE WARRANTIES OF SUPPLIER SET FORTH IN THIS AGREEMENT ARE SUPPLIER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THE REMEDIES SET FORTH HEREIN WITH RESPECT TO SUCH WARRANTIES ARE BUYER'S SOLE AND EXCLUSIVE REMEDIES, AND SUPPLIER'S SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF SUCH WARRANTIES. OTHER THAN THE WARRANTIES OF SUPPLIER SET FORTH IN THIS AGREEMENT, SUPPLIER HEREBY DISCLAIMS, AND BUYER HEREBY WAIVES, ALL OTHER EXPRESS WARRANTIES AND ALL OTHER WARRANTIES, CONDITIONS, DUTIES AND OBLIGATIONS, STATUTORY OR OTHERWISE, IMPLIED IN LAW, INCLUDING THOSE OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CUSTOM, USAGE, OR OTHERWISE. THERE ARE NO OTHER WARRANTIES, CONDITIONS, AGREEMENTS, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, OR UNDERSTANDINGS, WHETHER OR NOT IN A CONTEMPORANEOUSLY EXECUTED OR DATED AGREEMENT OR SPECIFICATION, THAT EXTEND BEYOND THOSE SET FORTH HEREIN AND NO OTHER WARRANTIES, CONDITIONS, AGREEMENTS, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, WHICH MIGHT HAVE BEEN GIVEN BY AN EMPLOYEE, AGENT OR REPRESENTATIVE OF SUPPLIER OR ITS AFFILIATES ARE AUTHORIZED BY SUPPLIER.

No Implied Warranties. LANDLORD AND TENANT EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE WARRANTIES OF SUPPLIER SET FORTH PREMISES ARE SUITABLE FOR TENANT’S INTENDED COMMERCIAL PURPOSE AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT ARE SUPPLIER'S SOLE LEASE, TENANT’S OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS LEASE, TENANT SHALL CONTINUE TO PAY RENT AND EXCLUSIVE WARRANTIES AND ARE MADE IN LIEU ALL AMOUNTS DUE HEREUNDER, WITHOUT ABATEMENT, SETOFF OR DEDUCTION NOTWITHSTANDING ANY BREACH BY LANDLORD OF ALL OTHER WARRANTIESITS DUTIES OR OBLIGATIONS HEREUNDER, WHETHER EXPRESS OR IMPLIED. TENANT HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PREMISES AND FINDS THAT THE PREMISES SUIT TENANT’S PURPOSES. TENANT HAS KNOWLEDGE OF THE PREMISES AND WITH THIS KNOWLEDGE HAS VOLUNTARILY AGREED TO DISCLAIM THE IMPLIED WARRANTY OF SUITABILITY. BOTH LANDLORD AND TENANT HAVE EXPRESSLY BARGAINED FOR AND AGREED TO THIS DISCLAIMER. FOR AND IN CONSIDERATION OF THE EXECUTION OF THIS LEASE, STATUTORY OR OTHERWISE. LANDLORD AND TENANT AGREE THAT LANDLORD WOULD NOT HAVE SIGNED THIS LEASE BUT FOR THE REMEDIES DISCLAIMERS SET FORTH HEREIN WITH RESPECT TO SUCH WARRANTIES ARE BUYER'S SOLE AND EXCLUSIVE REMEDIESABOVE, AND SUPPLIER'S SOLE AND EXCLUSIVE LIABILITY, FOR TENANT WAIVES ANY BREACH OF SUCH WARRANTIES. OTHER THAN WARRANTY REGARDING THE WARRANTIES OF SUPPLIER SET FORTH PREMISES EXCEPT THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT, SUPPLIER HEREBY DISCLAIMS, AND BUYER HEREBY WAIVES, ALL OTHER EXPRESS WARRANTIES AND ALL OTHER WARRANTIES, CONDITIONS, DUTIES AND OBLIGATIONS, STATUTORY OR OTHERWISE, IMPLIED IN LAW, INCLUDING THOSE OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CUSTOM, USAGE, OR OTHERWISE. THERE ARE NO OTHER WARRANTIES, CONDITIONS, AGREEMENTS, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, OR UNDERSTANDINGS, WHETHER OR NOT IN A CONTEMPORANEOUSLY EXECUTED OR DATED AGREEMENT OR SPECIFICATION, THAT EXTEND BEYOND THOSE SET FORTH HEREIN AND NO OTHER WARRANTIES, CONDITIONS, AGREEMENTS, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, WHICH MIGHT HAVE BEEN GIVEN BY AN EMPLOYEE, AGENT OR REPRESENTATIVE OF SUPPLIER OR ITS AFFILIATES ARE AUTHORIZED BY SUPPLIERLEASE.

No Implied Warranties. THE WARRANTIES OF SUPPLIER EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT LEASE, LANDLORD AND TENANT EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE PREMISES ARE SUPPLIER'S SOLE SUITABLE FOR TENANT’S INTENDED COMMERCIAL PURPOSE AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS LEASE, TENANT’S OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS LEASE, TENANT SHALL CONTINUE TO PAY RENT AND EXCLUSIVE WARRANTIES AND ARE MADE IN LIEU ALL AMOUNTS DUE HEREUNDER, WITHOUT ABATEMENT, SETOFF OR DEDUCTION NOTWITHSTANDING ANY BREACH BY LANDLORD OF ALL OTHER WARRANTIESITS DUTIES OR OBLIGATIONS HEREUNDER, WHETHER EXPRESS OR IMPLIED. TENANT HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PREMISES AND FINDS THAT THE PREMISES SUIT TENANT’S PURPOSES. TENANT HAS KNOWLEDGE OF THE PREMISES AND WITH THIS KNOWLEDGE HAS VOLUNTARILY AGREED TO DISCLAIM THE IMPLIED WARRANTY OF SUITABILITY. BOTH LANDLORD AND TENANT HAVE EXPRESSLY BARGAINED FOR AND AGREED TO THIS DISCLAIMER. FOR AND IN CONSIDERATION OF THE EXECUTION OF THIS LEASE, STATUTORY OR OTHERWISE. LANDLORD AND TENANT AGREE THAT LANDLORD WOULD NOT HAVE SIGNED THIS LEASE BUT FOR THE REMEDIES DISCLAIMERS SET FORTH HEREIN WITH RESPECT TO SUCH WARRANTIES ARE BUYER'S SOLE AND EXCLUSIVE REMEDIESABOVE, AND SUPPLIER'S SOLE AND EXCLUSIVE LIABILITY, FOR TENANT WAIVES ANY BREACH OF SUCH WARRANTIES. OTHER THAN WARRANTY REGARDING THE WARRANTIES OF SUPPLIER SET FORTH PREMISES EXCEPT THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT, SUPPLIER HEREBY DISCLAIMS, AND BUYER HEREBY WAIVES, ALL OTHER EXPRESS WARRANTIES AND ALL OTHER WARRANTIES, CONDITIONS, DUTIES AND OBLIGATIONS, STATUTORY OR OTHERWISE, IMPLIED IN LAW, INCLUDING THOSE OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CUSTOM, USAGE, OR OTHERWISE. THERE ARE NO OTHER WARRANTIES, CONDITIONS, AGREEMENTS, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, OR UNDERSTANDINGS, WHETHER OR NOT IN A CONTEMPORANEOUSLY EXECUTED OR DATED AGREEMENT OR SPECIFICATION, THAT EXTEND BEYOND THOSE SET FORTH HEREIN AND NO OTHER WARRANTIES, CONDITIONS, AGREEMENTS, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, WHICH MIGHT HAVE BEEN GIVEN BY AN EMPLOYEE, AGENT OR REPRESENTATIVE OF SUPPLIER OR ITS AFFILIATES ARE AUTHORIZED BY SUPPLIERLEASE.

No Implied Warranties. THE INSTALLATION AND COMMISSIONING, PROJECT OPERATIONS AND PERFORMANCE PROVIDED BY CONTRACTOR TO HOST PURSUANT TO THIS AGREEMENT SHALL BE IN ACCORDANCE WITH THE EXPRESS REPRESENTATIONS AND WARRANTIES IN THIS AGREEMENT, APPLICABLE LAW AND PRUDENT UTILITY PRACTICE. PROJECTS WILL BE NEW AS OF THE COMMERCIAL OPERATION DATE AND CONTRACTOR SHALL OBTAIN APPROPRIATE PROJECT WARRANTIES. THE WARRANTIES OF SUPPLIER THE CONTRACTOR SET FORTH IN THIS AGREEMENT ARE SUPPLIER'S THE CONTRACTOR’S SOLE AND EXCLUSIVE WARRANTIES AND ARE MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY AND THE CONTRACTOR MAKES NO OTHER WARRANTIES TO HOST, EITHER EXPRESS OR OTHERWISE. THE REMEDIES SET FORTH HEREIN WITH RESPECT TO SUCH WARRANTIES ARE BUYER'S SOLE AND EXCLUSIVE REMEDIES, AND SUPPLIER'S SOLE AND EXCLUSIVE LIABILITYIMPLIED, FOR ANY BREACH OF SUCH WARRANTIES. OTHER THAN THE WARRANTIES OF SUPPLIER SET FORTH IN THIS AGREEMENT, SUPPLIER HEREBY DISCLAIMS, AND BUYER HEREBY WAIVES, ALL OTHER EXPRESS WARRANTIES AND ALL OTHER WARRANTIES, CONDITIONS, DUTIES AND OBLIGATIONS, STATUTORY OR OTHERWISE, IMPLIED IN LAW, INCLUDING THOSE OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CUSTOM, USAGE, USAGE OR OTHERWISE. THERE ARE NO OTHER WARRANTIES, CONDITIONS, AGREEMENTS, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, OR UNDERSTANDINGS, WHETHER OR NOT IN A CONTEMPORANEOUSLY EXECUTED OR DATED AGREEMENT OR SPECIFICATION, UNDERSTANDINGS THAT EXTEND BEYOND THOSE SET FORTH HEREIN AND NO OTHER WARRANTIES, CONDITIONS, AGREEMENTSWARRANTY, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, WHICH MIGHT HAVE BEEN GIVEN BY AN EMPLOYEE, AGENT OR REPRESENTATIVE OF SUPPLIER OR ITS AFFILIATES ARE THE CONTRACTOR IS AUTHORIZED BY SUPPLIERTHE CONTRACTOR. THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL BE THE CONTRACTOR’S SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM OR LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

No Implied Warranties. THE WARRANTIES OF SUPPLIER SET FORTH IN THIS AGREEMENT ARE SUPPLIER'S SOLE EXCLUSIVE AND EXCLUSIVE WARRANTIES AND ARE MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE. THE REMEDIES SET FORTH HEREIN WITH RESPECT TO SUCH WARRANTIES ARE BUYER'S SOLE AND EXCLUSIVE REMEDIES, AND SUPPLIER'S SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF SUCH WARRANTIES. OTHER THAN THE WARRANTIES OF SUPPLIER SET FORTH IN THIS AGREEMENT, SUPPLIER HEREBY DISCLAIMS, AND BUYER HEREBY WAIVES, ALL OTHER EXPRESS WARRANTIES AND ALL OTHER WARRANTIES, CONDITIONS, DUTIES AND OBLIGATIONS, STATUTORY OR OTHERWISE, IMPLIED IN LAW, INCLUDING THOSE OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CUSTOM, USAGE, USAGE OR OTHERWISE. THERE ARE NO OTHER WARRANTIES, CONDITIONS, AGREEMENTS, ORAL AGREEMENTS OR WRITTEN, STATUTORY OR OTHERWISE, OR UNDERSTANDINGS, WHETHER OR NOT IN A CONTEMPORANEOUSLY EXECUTED OR DATED AGREEMENT OR SPECIFICATION, UNDERSTANDINGS THAT EXTEND BEYOND THOSE SET FORTH HEREIN AND IN THIS AGREEMENT WITH RESPECT TO THE PROJECT, WORK, EQUIPMENT OR OWNER-FURNISHED EQUIPMENT. NO OTHER WARRANTIES, CONDITIONS, AGREEMENTSWARRANTY, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, WRITTEN,‌ WHICH MIGHT HAVE BEEN GIVEN BY AN EMPLOYEE, AGENT OR REPRESENTATIVE OF SUPPLIER CONTRACTOR IS AUTHORIZED BY CONTRACTOR. NO WARRANTY PROVIDED BY CONTRACTOR IN THIS AGREEMENT SHALL APPLY TO, ANY BREACH OF WARRANTY TO THE EXTENT CAUSED BY OR ARISING OUT OF ANY OF THE FOLLOWING: (a) ORDINARY WEAR AND TEAR, IN THE OPERATION OF THE FACILITY; (b) ACCIDENT, MISUSE, ABUSE OR NEGLIGENCE BY INDIVIDUALS OR ENTITIES OTHER THAN THE CONTRACTOR, ITS SUBCONTRACTORS AND SUPPLIERS; (c) ALTERATIONS TO OR REPAIRS OF THE FLOW BATTERY SYSTEM, FACILITY OR THE EQUIPMENT CARRIED OUT BY PERSONS NOT AUTHORIZED IN WRITING BY CONTRACTOR (EXCEPT FOR REPAIRS PERFORMED BY OWNER OR THIRD PARTIES DUE TO NON-PERFORMANCE BY CONTRACTOR AND EXCEPT FOR OPERATION AND MAINTENANCE PERFORMANCE STRICTLY IN ACCORDANCE WITH O&M MANUAL); (d) ANY FAILURE BY OWNER OR OWNER CONTRACTORS TO MAINTAIN THE FLOW BATTERY SYSTEM, THE FACILITY OR THE EQUIPMENT IN ACCORDANCE WITH THE APPLICABLE MANUFACTURER’S OR OTHER REQUIREMENTS PROVIDED BY CONTRACTOR; (e) THE OPERATION OF THE FLOW BATTERY SYSTEM, THE FACILITY OR THE EQUIPMENT BY OWNER OR ITS AFFILIATES ARE AUTHORIZED BY SUPPLIERREPRESENTATIVES, AGENTS OR CONTRACTORS IN EXCESS OF OR OUTSIDE OF THE OPERATING PARAMETERS OR SPECIFICATIONS SET FORTH IN THE SCOPE OF WORK; (f) A FORCE MAJEURE EVENT.

No Implied Warranties. LANDLORD AND TENANT EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE WARRANTIES PROPERTY PORTFOLIO OR ANY PORTION THEREOF ARE SUITABLE FOR TENANT’S INTENDED COMMERCIAL PURPOSE AND TENANT’S OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF SUPPLIER SET FORTH THE INDIVIDUAL PROPERTY OR PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT ARE SUPPLIER'S SOLE LEASE, TENANT SHALL CONTINUE TO PAY RENT AND EXCLUSIVE WARRANTIES AND ARE MADE IN LIEU ALL AMOUNTS DUE HEREUNDER, WITHOUT ABATEMENT, SETOFF OR DEDUCTION NOTWITHSTANDING ANY BREACH BY LANDLORD OF ALL OTHER WARRANTIESITS DUTIES OR OBLIGATIONS HEREUNDER, WHETHER EXPRESS OR IMPLIED. TENANT HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY PORTFOLIO AND FINDS THAT THE PROPERTY PORTFOLIO, STATUTORY OR OTHERWISEAND ALL PORTIONS THEREOF, SUIT TENANT’S PURPOSES. TENANT HAS KNOWLEDGE OF THE REMEDIES PROPERTY PORTFOLIO AND WITH THIS KNOWLEDGE HAS VOLUNTARILY AGREED TO DISCLAIM THE IMPLIED WARRANTY OF SUITABILITY. BOTH LANDLORD AND TENANT HAVE EXPRESSLY BARGAINED FOR AND AGREED TO THIS DISCLAIMER. FOR AND IN CONSIDERATION OF THE EXECUTION OF THIS LEASE, LANDLORD AND TENANT AGREE THAT LANDLORD WOULD NOT HAVE SIGNED THIS LEASE BUT FOR THE DISCLAIMERS SET FORTH HEREIN WITH RESPECT TO SUCH WARRANTIES ARE BUYER'S SOLE AND EXCLUSIVE REMEDIESABOVE, AND SUPPLIER'S SOLE AND EXCLUSIVE LIABILITY, FOR TENANT WAIVES ANY BREACH OF SUCH WARRANTIES. OTHER THAN WARRANTY REGARDING THE WARRANTIES OF SUPPLIER SET FORTH PROPERTY PORTFOLIO EXCEPT THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT, SUPPLIER HEREBY DISCLAIMS, AND BUYER HEREBY WAIVES, ALL OTHER EXPRESS WARRANTIES AND ALL OTHER WARRANTIES, CONDITIONS, DUTIES AND OBLIGATIONS, STATUTORY OR OTHERWISE, IMPLIED IN LAW, INCLUDING THOSE OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CUSTOM, USAGE, OR OTHERWISE. THERE ARE NO OTHER WARRANTIES, CONDITIONS, AGREEMENTS, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, OR UNDERSTANDINGS, WHETHER OR NOT IN A CONTEMPORANEOUSLY EXECUTED OR DATED AGREEMENT OR SPECIFICATION, THAT EXTEND BEYOND THOSE SET FORTH HEREIN AND NO OTHER WARRANTIES, CONDITIONS, AGREEMENTS, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, WHICH MIGHT HAVE BEEN GIVEN BY AN EMPLOYEE, AGENT OR REPRESENTATIVE OF SUPPLIER OR ITS AFFILIATES ARE AUTHORIZED BY SUPPLIERLEASE.

No Implied Warranties. THE WARRANTIES OF SUPPLIER SET FORTH IN THIS AGREEMENT ARE SUPPLIER'S SOLE EXCLUSIVE AND EXCLUSIVE WARRANTIES AND ARE MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE. THE REMEDIES SET FORTH HEREIN WITH RESPECT TO SUCH WARRANTIES ARE BUYER'S SOLE AND EXCLUSIVE REMEDIES, AND SUPPLIER'S SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF SUCH WARRANTIES. OTHER THAN THE WARRANTIES OF SUPPLIER SET FORTH IN THIS AGREEMENT, SUPPLIER HEREBY DISCLAIMS, AND BUYER HEREBY WAIVES, ALL OTHER EXPRESS WARRANTIES AND ALL OTHER WARRANTIES, CONDITIONS, DUTIES AND OBLIGATIONS, STATUTORY OR OTHERWISE, IMPLIED IN LAW, INCLUDING THOSE OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CUSTOM, USAGE, USAGE OR OTHERWISE. THERE ARE NO OTHER WARRANTIES, CONDITIONS, AGREEMENTS, ORAL AGREEMENTS OR WRITTEN, STATUTORY OR OTHERWISE, OR UNDERSTANDINGS, WHETHER OR NOT IN A CONTEMPORANEOUSLY EXECUTED OR DATED AGREEMENT OR SPECIFICATION, UNDERSTANDINGS THAT EXTEND BEYOND THOSE SET FORTH HEREIN AND IN THIS AGREEMENT WITH RESPECT TO THE PROJECT, WORK, EQUIPMENT OR OWNER-FURNISHED EQUIPMENT. NO OTHER WARRANTIES, CONDITIONS, AGREEMENTSWARRANTY, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, WHICH MIGHT HAVE BEEN GIVEN BY AN EMPLOYEE, AGENT OR REPRESENTATIVE OF SUPPLIER CONTRACTOR IS AUTHORIZED BY CONTRACTOR. NO WARRANTY PROVIDED BY CONTRACTOR IN THIS AGREEMENT SHALL APPLY TO, ANY BREACH OF WARRANTY TO THE EXTENT CAUSED BY ANY OF THE FOLLOWING: (a) ORDINARY WEAR AND TEAR, IN THE OPERATION OF THE FACILITY; (b) ACCIDENT, MISUSE, ABUSE OR NEGLIGENCE BY INDIVIDUAL OR ENTITIES OTHER THAN THE CONTRACTOR, ITS SUBCONTRACTORS AND SUPPLIERS; (c) ALTERATIONS TO OR REPAIRS OF THE FACILITY OR THE EQUIPMENT CARRIED OUT BY PERSONS NOT AUTHORIZED IN WRITING BY CONTRACTOR (EXCEPT FOR REPAIRS PERFORMED BY OWNER OR THIRD PARTIES DUE TO NON-PERFORMANCE BY CONTRACTOR AND EXCEPT FOR OPERATION AND MAINTENANCE PERFORMANCE STRICTLY IN ACCORDANCE WITH O&M MANUAL); (d) ANY FAILURE BY OWNER OR OWNER CONTRACTORS TO MAINTAIN THE FACILITY OR THE EQUIPMENT IN ACCORDANCE WITH THE APPLICABLE MANUFACTURER’S REQUIREMENTS PROVIDED BY CONTRACTOR; (e) THE OPERATION OF THE FACILITY OR THE EQUIPMENT BY OWNER OR ITS AFFILIATES ARE AUTHORIZED BY SUPPLIERREPRESENTATIVES, AGENTS OR CONTRACTORS IN EXCESS OF OR OUTSIDE OF THE OPERATING PARAMETERS OR SPECIFICATIONS SET FORTH IN THE SCOPE OF WORK; (f) A FORCE MAJEURE EVENT.