Notice of Defects. If, based on Consulting Engineer/Architect's involvement during the construction phase, Consulting Engineer/Architect observes or otherwise becomes aware of any defect in the work, he shall give prompt written notice to City of such defects and their approximate location on the Project. However, Consulting Engineer/Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, inspections and programs in connection with the work, since these are solely the contractor's responsibility under the contract for construction. Consulting Engineer/Architect shall not be responsible for the contractor's schedules or failure to carry out the work in accordance with the Contract Documents. Consulting Engineer/Architect shall not have control over or charge of acts or omissions of the contractor, contractor's subcontractors, or their agents or employees.
Notice of Defects. The BUYER or its duly authorised representative will notify the BUILDER by email or facsimile promptly after discovery of any defect for which a claim is to be made under this guarantee. The BUYER's written notice shall include full particulars as to the nature of the defect and the extent of the damage caused thereby, but excluding consequential damage as hereinafter provided. The BUILDER will be under no obligation with respect to this guarantee in respect of any claim for defects discovered prior to the expiry date of the guarantee, unless notice of such defects is received by the BUILDER before the expiry date. However, email or facsimiled advice received by the BUILDER within three (3) days after such expiry date that a claim is forthcoming will be sufficient compliance with the requirement as to time, provided that such emailed or facsimiled advice shall include at least a brief description of the defect including the identity of the equipment, extent of damage, name and number of any replacement part and description of any remedial work required, and that full particulars are given to the BUILDER not later than seven (7) days after the expiry date.
Notice of Defects. The BUYER shall notify the BUILDER in writing, or by telefax of any defect for which claim is made under this guarantee, as promptly as possible after discovery thereof. The BUYER’s notice shall describe in detail the nature, cause if known and extent of the Defects. The BUILDER shall have no obligation for any Defect discovered prior to the expiry date of the Guarantee Period, unless notice of such Defect is received by the BUILDER not later than Twenty (20) days after such expiry date.
Notice of Defects. It shall be conclusively presumed upon Tenant’s taking actual possession of the Premises that the same were in satisfactory condition (except for latent defects) as of the date of such taking of possession, unless within thirty (30) days after the Commencement Date Tenant shall give Landlord notice in writing specifying the respects in which the Premises were not in satisfactory condition.
Notice of Defects. If DISTRICT observes or otherwise becomes aware of any fault or defect in the performance of the Services, or nonconformance with the Contract Documents, DISTRICT shall give prompt written notice to CONSULTANT. However, DISTRICT's failure to give such notice shall not eliminate the obligations of CONSULTANT regarding the administration of the Services or other obligations under the Contract Documents.
Notice of Defects. To assert a claim with respect to any Defect, Purchaser must deliver a claim notice or notices (each a “Defect Notice”) (1) with respect to such Defect to Sellers on or before 5:00 p.m. Central Standard Time on a date which is at least one (1) Business Days prior to the Closing Date (the “Pre-Closing Claim Date”); (2) solely with respect to any Environmental Defect identified in connection with any permitted Invasive Activities conducted in accordance with Section 6.1(b), on or before a date which is 90 days after the Closing Date (the “Post-Closing Environmental Defect Claim Date”); or (3) with respect to any breach of Sellers’ special warranty of Defensible Title in the Conveyances, the date eighteen (18) months after the Closing Date (the “Post-Closing Title Defect Claim Date” and together with the Pre-Closing Claim Date and the Post-Closing Environmental Defect Claim Date, each a “Claim Date”). Each such notice shall be in writing and shall include:
(i) a description of the alleged Defect(s);
(ii) the Oil and Gas Properties subject to such Defect(s);
(iii) if a Title Defect, the Allocated Value of each Oil and Gas Property subject to the alleged Defect(s);
(iv) Purchaser’s good faith reasonable estimate of the Defect Amount(s) attributable to such Defect and the computations and information upon which Purchaser’s estimate is based; and
(v) supporting documents reasonably necessary for Sellers (as well as any title attorney or examiner hired by Seller) to verify or investigate the existence of the alleged Defect(s). Purchaser shall be deemed to have waived all Title Defects (other than any Title Defect with respect to any breach of Sellers’ special warranty of Defensible Title in the Conveyance) for which Sellers have not received a valid Defect Notice on or before the Pre-Closing Claim Date. Purchaser shall be deemed to have waived all Environmental Defects for which Sellers have not received a valid Defect Notice on or before the Pre-Closing Claim Date; provided, however, Purchaser has the right to deliver on or prior to the Post-Closing Environmental Defect Claim Date one or more supplements to any Defect Notice delivered on or before the Pre-Closing Claim Date or any new Defect Notice delivered after the Pre-Closing Claim Date with respect to an Environmental Defect to the extent that any permitted Invasive Activities reveals the existence of, or additional information that allows the Parties to more accurately determine the extent and Defect Amount...
Notice of Defects. The BUYER shall notify the BUILDER in writing or by e-mail or facsimile, of any DEFECTS for which claim is made under this guarantee as promptly as possible after discovery thereof. The BUYER’s written notice shall include full particulars to describe the nature and extent of the DEFECTS. The BUILDER shall have no obligation for any DEFECTS discovered prior to the expiry date of the said twelve (12) months period, unless notice of such DEFECTS is received by the BUILDER no later than seven (7) business days after such expiry date.
Notice of Defects. Notice shall be given by Princeton University to the Professional Services Contractor and by the Professional Services Contractor to Princeton University if either party becomes aware of any fault or defect in a project or nonconformance with the RO documents.
Notice of Defects. The BUYER shall notify the SELLER, as promptly as reasonably practicable, after discovery of any defect or deviations for which a claim is made under this guarantee. The BUYER's written notice shall describe the nature of the defect and the extent of the damage caused thereby, if possible. The SELLER shall have no obligation under this guarantee for any defects discovered prior to the expiry date of the guarantee, unless notice of such defects, is received by the SELLER not later than thirty (30) days after such expiry date. Telefaxed advice with brief details explaining the nature of such defect and extent of damage (if possible) within thirty (30) days after such expiry date and that a claim is forthcoming will be sufficient compliance with the requirements as to time.
Notice of Defects. Each party shall give the other prompt written notice of all defective Construction of which such party has actual knowledge. All defective Construction may be rejected, corrected or accepted as provided in this Article 12.
