Non-Conforming Influent Sample Clauses

Non-Conforming Influent. If, after advance notice to the Trust or its designee, the User delivers to the Facility any Influent which fails to meet the Required Influent Parameters, (i) the Trust or its designee shall use commercially reasonable efforts to process such non-conforming Influent and (ii) the User shall indemnify the Trust or its designee against any and all losses, liabilities (including, without limitation, any strict liability or tort liability arising or potentially arising in connection with, or as a result of, the discharge of Waste Water or of Effluent not meeting the Required Effluent Parameters or the discharge of any Regulated Materials), damages or other costs as a result thereof or otherwise in connection therewith (including the consequences under any Applicable Permits). If the User, as User Lessee under the User Lease, the State, as Sublessee under the Sublease, or the Authority, and the User as LesseeLessees under the Lease, shall have failed to return (or cause to be returned) the Facility to the Trust at the expiration or earlier termination of the Lease in full compliance with Applicable Law, the User shall indemnify the Trust or its designee against any and all losses, liabilities (including, without limitation, any strict liability or tort liability arising or potentially arising in connection with, or as a result of, the discharge of Waste Water or of Effluent not meeting the Required Effluent Parameters or the discharge of any Regulated Materials), damages or other costs as a result thereof or otherwise in connection therewith (including the consequences under any Applicable Permits). In the event of a disagreement between the parties hereto whether Influent shall have been delivered in compliance with the Required Influent Parameters, the parties hereto agree to be bound by the decision of a mutually selected chemical- biological expert whose decision shall be final, absent manifest error. The User shall promptly notify the Trust or its designee if (i) it has actual knowledge that any Influent fails to satisfy the Required Influent Parameters or (ii) it has received a notice from a party to an Existing Inflow Agreement to the effect that the Waste Water delivered by such party thereunder fails to satisfy the quality as required by such Existing Inflow Agreement. Neither the Trust nor its designeesdesignee shall be required to treat, store or transport any Influent that fails to satisfy the Required Influent Parameters and the User shall, at the ...
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Related to Non-Conforming Influent

  • Non-Conforming Work If the Owner (by way of BCI's or other Owner personnel or consultant) observes or otherwise becomes aware of any fault or defective Work in a project, or other non- conformance with the Contract Documents during the construction phases, the Owner or Program Manager shall give prompt notice thereof to the Project Consultant. However, whether the Owner observes a defect or not, it is the Project Consultant’s duty and responsibility to determine whether said Work is defective, faulty, or not in compliance with the Contract Documents. If the Project Consultant determines that the Work is defective, faulty or not in conformance with the Contract Documents, the Project Consultant shall advise the Owner in writing and make recommendations to the Owner concerning correction of the Work. The Owner may then require the Contractor to undertake such corrections as allowed by the Contract Documents. Final determination of whether the Work is defective, faulty or in compliance with the Contract Documents is to be determined by the Owner.

  • ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3.1 The State may accept defective or nonconforming Work pursuant to Paragraph 13.2.1

  • Non-Conforming Measures 1. Articles 2, 3 and 6 shall not apply to:

  • Nonconforming Work 23.1.1 Developer shall promptly remove from Premises all Work identified by District as failing to conform to the Contract Documents whether incorporated or not. Developer shall promptly replace and re-execute its own Work to comply with the Contract Documents without additional expense to the District and shall bear the expense of making good all work of other contractors destroyed or damaged by any removal or replacement pursuant hereto and/or any delays to the District or other contractors caused thereby.

  • Inspection and Rejection of Nonconforming Goods (a) Buyer shall inspect the goods within five days of receipt (“Inspection Period”). Xxxxx will be deemed to have accepted the goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes documentation reasonably required by Seller. “

  • ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.

  • EODUF Packing Specifications 7.3.1 The data will be packed using ATIS EMI records. A pack will contain a minimum of one (1) message record or a maximum of ninety-nine thousand nine hundred and ninety-nine (99,999) message records plus a pack header record and a pack trailer record. One transmission can contain a maximum of ninety-nine (99) packs and a minimum of one (1) pack.

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Warranty Period Except as may be otherwise specified or agreed, Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Substantial Completion of the Work. If Substantial Completion occurs by phase, then the warranty period for that the Work performed for each phase begins on the date of Substantial Completion of that phase, or as otherwise stipulated on the Certificate of Substantial Completion for the particular phase.

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