Notice Of Breach Of Warranty Sample Clauses

Notice Of Breach Of Warranty. The Authorized User shall promptly notify the Contactor in writing of any claim of breach of any warranty provided herein.
Sample 1Sample 2
AutoNDA by SimpleDocs
Notice Of Breach Of Warranty. Migration will immediately give notice to COL China Online of the occurrence of any event or the failure of any event to occur that has resulted in a breach of Migration's representations or warranties or a failure by Migration to comply with any covenant, condition or agreement contained in this Agreement. COL China Online will immediately give notice to Migration of the occurrence of any event or the failure of any event to occur that has resulted in a breach of COL China Online's representations or warranties or a failure by COL China Online to comply with any covenant, condition or agreement contained in this Agreement.
Sample 1
Notice Of Breach Of Warranty. SMM will immediately give notice to Z-Axis of the occurrence of any event or the failure of any event to occur that has resulted in a breach of SMM's representations or warranties or a failure by SMM to comply with any covenant, condition or agreement contained in this Agreement. Z-Axis will immediately give notice to SMM of the occurrence of any event or the failure of any event to occur that has resulted in a breach of Z-Axis' representations or warranties or a failure by Z-Axis to comply with any covenant, condition or agreement contained in this Agreement.
Sample 1
Notice Of Breach Of Warranty. If Customer believes that delaPlex has breached the warranty set out in Section 3.1, Customer must give delaPlex notice of any breach in writing (a “Breach Notification”) within 120 days after performance of the non-conforming work (the “Warranty Period”). delaPlex will not be liable for and will not be obligated to cure any breach of the warranty provided in Section 3.1 if Customer fails to specifically identify the breach in a Breach Notification within the Warranty Period. Following receipt by delaPlex of a Breach Notification, and delaPlex’s verification of the breach, Customer’s exclusive remedy for breach of the warranty set forth in Section 3.1 will be: (a) for delaPlex to cure such breach promptly, at no cost to Customer; or (b) if delaPlex is unable to cure such breach, delaPlex shall refund the fees and expenses paid for the non-conforming Services.
Sample 1
Notice Of Breach Of Warranty. Future Com will immediately give notice to Xxxxxxxxx of the occurrence of any event or the failure of any event to occur that has resulted in a breach of Future Com's representations or warranties or a failure by Future Com to comply with any covenant, condition or agreement contained in this Agreement. Xxxxxxxxx will immediately give notice to Future Com of the occurrence of any event or the failure of any event to occur that has resulted in a breach of Xxxxxxxxx'x representations or warranties or a failure by Xxxxxxxxx to comply with any covenant, condition or agreement contained in this Agreement.
Sample 1
Notice Of Breach Of Warranty. Kit will immediately give notice to Sub of the occurrence of any event or the failure of any event to occur that has resulted in a breach of Kit's representations or warranties or a failure by Kit to comply with any covenant, condition or agreement contained in this Agreement. Each of Parent and Sub will immediately give notice to Kit of the occurrence of any event or the failure of any event to occur that has resulted in a breach of Parent's or Sub's representations or warranties or a failure by Parent or Sub to comply with any covenant, condition or agreement contained in this Agreement.
Sample 1
Notice Of Breach Of Warranty. If after Forbes has accepted for delivery the Phyto-S Product or Reducol, it discovers that any Phyto-S Product or Reducol delivered to Forbes fails to conform to any warranty, Forbes must notify Phyto-Source in writing of the breach of warranty within *****(term omitted) after discovery of the breach. The notice must specify the facts constituting the alleged breach. Phyto-Source shall have a reasonable opportunity to investigate any alleged breach of warranty before Phyto-Source has any obligation to take any remedial action.
Sample 1
AutoNDA by SimpleDocs
Notice Of Breach Of Warranty. Winncom will immediately give notice to Sub of the occurrence of any event or the failure of any event to occur that has resulted in a breach of Winncom's representations or warranties or a failure by Winncom to comply with any covenant, condition or agreement contained in this Agreement. Each of Parent and Sub will immediately give notice to Winncom of the occurrence of any event or the failure of any event to occur that has resulted in a breach of Parent's or Sub's representations or warranties or a failure by Parent or Sub to comply with any covenant, condition or agreement contained in this Agreement.
Sample 1

Related to Notice Of Breach Of Warranty

  • Breach of Warranty Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

  • REMEDY FOR BREACH OF WARRANTY 3.1. Subject to the exclusions and limitations set out above, if the Product fails to comply with the Limited Warranty in clauses 1.2 or 1.3, BYD will repair or replace the non-conforming Product or parts thereof within the warranty term at no charge (or provide a partial refund) on the following conditions. 3.2. Whether to repair or replace the Product will be determined by BYD in its sole discretion. 3.3. The Product or any of its parts to be replaced will have the same performance and reliability as the original Product. If the Production of the relevant type of the Product or any of its parts has been discontinued, withdrawn from the market, or are otherwise unavailable, BYD may replace the Product or parts with a similar Product or part (which may include previously used parts that are equivalent to new in performance and reliability). 3.4. If BYD does not repair or replace the defective Product or parts, BYD will refund You an amount of money calculated as follows: a) If the Product fails to comply with the Limited Performance Warranty in clause 1.3, BYD may calculate the refund using one of the two refund formulas below: i) Refund = maximum claim amount* x (warranted Minimum Throughput Energy - output energy of the Product recorded in the control module of the Product)/ warranted Minimum Throughput Energy; or ii) Refund = maximum claim amount* x (warranted remaining Useable Energy - remaining Useable Energy)/ warranted Usable Energy; and b) If the Product cannot be operated, BYD will calculate the refund as follows: Refund = (maximum claim amount*/120) x (120 - number of months since Warranty Start Date). *The maximum claim amount is the market value of the Product (or an equivalent Product) determined by BYD if it were purchased new with no defects. 3.5. The remedies as set out above are the sole and exclusive obligations of BYD to You under this Limited Warranty, and BYD will have no other liability to You if the Product fails to comply with the Limited Warranty.

  • Breach of Warranties In the event of any breach, or reasonably anticipated breach, of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Exodus will have the right immediately, in Exodus' sole discretion, to suspend any related Internet Data Center Services if deemed reasonably necessary by Exodus to prevent any harm to Exodus and its business.

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

  • Breach of Representation or Warranty Any representation or warranty made or deemed made by Borrower to Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

  • BREACH OF CONTRACT TERMS The State reserves its right to all administrative, contractual, or legal remedies, including but not limited to suspension or termination of this contract, in instances where the Contractor or any of its subcontractors violate or breach any contract term. If the Contractor or any of its subcontractors violate or breach any contract term, they shall be subject to such sanctions and penalties as may be appropriate. The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

  • Breach of Contract The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: a) Terminate the Contract immediately, pursuant to Section K herein; b) Afford the Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; and d) Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above.

  • FALSE STATEMENTS; BREACH OF REPRESENTATIONS The Parties acknowledge that this Agreement has been negotiated, and is being executed, in reliance upon the information contained in the Application, and any supplements or amendments thereto, without which the Comptroller would not have approved this Agreement and the District would not have executed this Agreement. By signature to this Agreement, the Applicant: A. represents and warrants that all information, facts, and representations contained in the Application are true and correct to the best of its knowledge; B. agrees and acknowledges that the Application and all related attachments and schedules are included by reference in this Agreement as if fully set forth herein; and C. acknowledges that if the Applicant submitted its Application with a false statement, signs this Agreement with a false statement, or submits a report with a false statement, or it is subsequently determined that the Applicant has violated any of the representations, warranties, guarantees, certifications, or affirmations included in the Application or this Agreement, the Applicant shall have materially breached this Agreement and the Agreement shall be invalid and void except for the enforcement of the provisions required by Section 9.2 of this Agreement.

  • NO BREACH OF CONTRACT The Executive hereby represents to the Company that: (i) the execution and delivery of this Agreement by the Executive and the performance by the Executive of the Executive’s duties hereunder shall not constitute a breach of, or otherwise contravene, the terms of any other agreement or policy to which the Executive is a party or otherwise bound, except for agreements entered into by and between the Executive and any member of the Group pursuant to applicable law, if any; (ii) that the Executive has no information (including, without limitation, confidential information and trade secrets) relating to any other person or entity which would prevent, or be violated by, the Executive entering into this Agreement or carrying out his duties hereunder; (iii) that the Executive is not bound by any confidentiality, trade secret or similar agreement (other than this) with any other person or entity except for other member(s) of the Group, as the case may be.

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!