Notice of Defect. If it is Landlord’s obligation to repair, Tenant shall give Landlord prompt Notice, regardless of the nature or cause, of any damage to or defective condition in any part or appurtenance of the Building’s mechanical, electrical, plumbing, HVAC or other systems serving, located in, or passing through the Premises.
Notice of Defect. Seller shall not be responsible for any defects unless Seller shall have received, within twelve (12) months after Closing, written notice from Buyer specifically listing any then existing defects.
Notice of Defect. 9.1 For the purposes of this Agreement: (a) references to a “Title Defect” shall be deemed to refer to any lien, encumbrance or other defect that causes Seller to be entitled to receive a Net Revenue Interest with respect to a Lease or Well less than the “Net Revenue Interest” set forth in Exhibit A for such Lease or Well, or that causes Seller to be obligated to bear a Working Interest with respect to a Lease or Well greater than the “Working Interest” set forth in Exhibit A for such Lease or Well, except for any such excess Working Interest accompanied by a proportionate increase in the Net Revenue Interest for such Lease or Well, and (b) references to an “Environmental Issue” shall be deemed to refer to any condition of the Leases, Lands, Wxxxx or Lease Property and Equipment that could reasonably be expected, under any applicable environmental or other law, either to require remediation efforts or to expose the owner of the Property to liability for any fine, penalty or other monetary obligation that exceeds $100,000. If Buyer becomes aware prior to Closing of any Title Defect or Environmental Issue that a reasonably prudent operator would deem to materially impact value of the Properties or operations and not incurred in the normal course of business, as such, require curative action prior to Closing, Buyer shall promptly notify Seller in writing of such Title Defect or Environmental Issue but in no event later than the Claim Date referenced below, and Buyer and Seller shall attempt to reach a good faith agreement on curative action, Purchase Price adjustment, indemnification or other appropriate steps. To be asserted as a valid claim, any defect asserted pursuant to this section (other than a lien or encumbrance arising by through or under Seller) must exceed an individual defect threshold of $1,000,000 per spacing unit (“Individual Defect Threshold”). To assert a claim of Title Defect or Environmental Issue, Buyer must deliver a claim notice of such Title defect or Environmental Issue (“Claim Notice”) on or before ten business days prior to Closing (such cut-off date being the “Claim Date”)). To be effective, the Claim Notice shall be in writing and shall include (i) a description of the alleged issue that is reasonably sufficient for Seller to determine the basis of the alleged issue, (ii) the Lease or Well adversely affected by the issue (each a “Defect Property”), (iii) the Allocated Value of each Defect Property, (iv) all documents upon which Bu...
Notice of Defect. Notice of Elevated Blood Level
Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design specifications for that particular deliverable, or is otherwise deficient, then the State shall notify the Contractor of the failure or deficiencies, in writing, within thirty (30) calendar days of: 1) the date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or deficiency at the time of delivery; or 2) the date the State becomes aware of the failure or deficiency. The above time frame shall apply to all deliverables except for those deliverables that have a different time negotiated by the State and the Contractor in writing pursuant to the State’s fiscal rules.
Notice of Defect. 11.1. PÖTTINGER limits the incoming goods inspection for deliveries to determining compliance in terms of quantity and identity of the ordered products and any obvious transport and packaging damage, to which Supplier agrees. Any complaints arising shall be reported within a reasonable period of time after they have been determined. However, if a PÖTTINGER employee nevertheless confirms acceptance of the objects in good working order, this statement will also indicate that the objects do not exhibit any quality deficiencies.
11.2. In addition, the delivered products will be monitored during manufacturing in accordance with good business practice and Supplier will be notified in writing of any defects identified in the process within an appropriate period once they have been determined. In this respect, Supplier will not object on the grounds of delayed notice of defects.
11.3. A notice of defect may be made within the agreed warranty period. Compliance with a period for notifying defects is not required for warranty claims and/or claims for damages (particularly for damage or consequential damage due to defects) and/or other claims to be sustained.
11.4. To the extent possible, Supplier will be given an opportunity to sort out, improve and ensure follow-up delivery. If the production processes require quick intervention, PÖTTINGER is entitled, once it has informed Supplier, to perform sorting or improvements itself and/or have a third party do so. Any costs incurred in the process will be borne by Supplier. Supplier will not be entitled to derive any liability f rom sorting services - particularly not f or hidden defects.
11.5. To the extent possible, Supplier will analyse the problem identified and inform PÖTTINGER within f ive workdays in writing of the cause, immediate actio n and long-term corrective action.
11.6. If an 8D report is requested by PÖTTINGER, this report shall be carried out within the agreed time limits.
Notice of Defect. The City will notify the Owner/Developer if an inspection reveals that any portion of the Public Improvements is not constructed in accordance with the Plans or the Standards or is otherwise defective. However, the City is not responsible for the construction of the Public Improvements, the quality of the material, or the construction methods utilized. In addition, the City is not responsible for making continuous on-site inspections of the construction work and the City has no privity with or responsibility for the construction contractor or any subcontractors.
Notice of Defect. The Tenant shall notify the Landlord without delay of any accident, defect or fault in the pipes for water or gas, heating or air-conditioning equipment, lighting or electrical conduits, electrical wiring or other services in the Building.
Notice of Defect. If you experience a problem with your Connection, report the problem by calling V-Net at 063 699 5379 as soon as possible of the date on which the problem occurred. After seven (7) days of the problem's occurrence, any complaints regarding a problem are deemed waived. V-Net will generally, but does not obligate itself to, provide you with a credit on your account for downtime longer than 12 hours caused by V-Net if you timely notify V-Net of the problem. V-Net is not responsible or liable for any of the following types of problems or their correction, although V-Net may offer to assist in remedying some of the following problems at its standard hourly rates: • Any obstruction(s) that might be erected or grow between your antenna and V-Net’s POP causing a degradation or loss of the Connection • Debris, ice or snow on antennas • Re-aiming your antenna later than 14 days after installation of your Equipment. • Connecting a different computer to the Connection after initial installation • Re-configuration of network settings due to, but not limited to: tampering, re-installation of operating system, accidental removal, moving the hardware to another computer • Radio interference caused by other nearby devices using the same frequencies as V-Net's equipment. You acknowledge that wireless Internet connectivity requires direct radio line of sight, and that any obstruction between V-Net and your antenna could block or degrade your signal. Furthermore, you acknowledge that the use of other consumer devices using the 5.4GHz frequency band may interfere with V-Net's signal and cause brief interruptions of service. You acknowledge that because tree leaves hold water, they absorb the microwave signal, and that will degrade or disrupt your connectivity. By getting equipment installed during a time of year when there are little or no leaves in the trees, you run the risk of losing connectivity when the leaves come back on the trees. You may require extra hardware and setup at that time. V-Net shall not be held liable for any charges, and you will not be entitled to any type of refund.
Notice of Defect. If, during the Review Period, Purchaser determines that the Property is subject to a "Defect" (as defined herein in Section 5(d)), the Purchaser must give written notice to Seller of such Defect, the nature of the Defect, and furnish Seller Purchaser's basis for the assertion of such Defect. As soon as practical after such written notice, Seller shall use reasonable diligence to cure any such Defects. If Seller cannot cure any such Defects to the reasonable satisfaction of Purchaser, then Seller shall so notify Purchaser in writing. Thereafter, Seller and Purchaser shall use a good faith effort to agree on the Purchase Price adjustment for any such Defect which cannot be cured. Such adjustment shall be determined in accordance with the following guidelines:
(1) The Purchase Price shall be allocated among the various Leases in the proportion of the PDP fair market value of the Leases reported by Netherland Sewexx & Xssociates in its report dated October 21, 1996, (the "Allocated Purchase Price").
(2) If the Defect is that Seller's Net Revenue Interest ("NRI") for any Property is less than the NRI for such Property as set forth in Exhibit "A," then the allocated Purchase Price for such Property shall be adjusted in the same proportion that the actual NRI for such property bears to the NRI shown in Exhibit "A." If the Purchase Price adjustment for any such Defect cannot be determined, and the Seller and Purchaser cannot agree in good faith on the amount of the adjustment to the Purchase Price, the Purchaser may (a) waive the Defect and proceed with Closing, or (b) exclude the affected Property and reduce the Purchase Price by the Allocated Purchase Price for such property, or (c) terminate this Agreement, in which event the Parties shall have no further rights or obligations under this Agreement.
