OEM Warranties Clause Samples

OEM Warranties. The Contractor will undertake its Work hereunder in a manner that does not violate or invalidate any warranties benefitting Company with respect to the Facility at which Contractor is performing such Work.

OEM Warranties. To the extent that the benefit of any express or implied warranties given by a manufacturer or previous seller of any Item of Rotable Inventory in favour of the Vendor and relating to merchantable quality or fitness for purpose or like conditions of sale in respect of such Inventory can reasonably be assigned to the Purchaser then the Vendor hereby assigns such benefit to the Purchaser.

OEM Warranties. Within fourteen (14) days of the Effective Date, Akeena will deliver to both of Real Goods and SunRun detailed warranty information on all equipment utilized or to be utilized in the Completed Solar Facilities and the Construction Solar Facilities, including without limitation OEM warranties for any components or sub-components used therein as set forth on Schedule 5 (“Warranty Information”). In the event that Akeena fails to deliver the Warranty Information as required by the preceding sentence, SunRun may offset or withhold any amounts due from SunRun to Akeena under the Akeena EPC or any other agreements between SunRun and Akeena up to the Collateral Amount (as defined below) until such time as such Warranty Information is delivered as required.

OEM Warranties. In connection with the OEM Warranties, Company shall comply with the exclusivity provision provided in Section 12.03 of this Agreement.

OEM Warranties. During the Term of this Agreement, Cover Genius shall source, negotiate, and obtain OEM Warranties or cause an Affiliate to source, negotiate, and obtain the OEM Warranties, on behalf of Company in all countries in which Company chooses to offer its products and services and/or Covered Products. Cover Genius will bear full responsibility and liability for all acts or omissions of its Affiliates and Issuers (defined below in Section 3.02).

OEM Warranties. For Flat Rate Components LHT will perform warranty administration on behalf of Volaris. The provisions of Article 9 of the Basic Agreement shall apply. Volaris shall provide all necessary documents and/ data which are required to claim such warranty rights, including, but not limited to, those specified in Article 16 of Annex TCS. In case the warranty claim assigned from Volaris to LHT is rejected by the Original Equipment Manufacturer (OEM) because Volaris failed to provide LHT with such Specific Documents / data, or Volaris supplied such data later than defined, Volaris shall pay the related repair cost on a Time and Material basis.

OEM Warranties. Supplier shall procure that OEM provides the following warranties in respect of the Products and that they are enforceable by ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ directly against OEM to the same extent as they would be if ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ had ordered the Products directly from OEM: 6.1 the Products conform to OEM’s written specifications and user, operating and training manuals and guides (if any) concerning the relevant Products (but in the event of any conflict with the description or specification set out in the applicable Order, the Order prevailing), and are free of all defects in design, material and workmanship and capable of performing the purpose for which they are procured as well as any other products of the same kind, size and rated capacity if used under like conditions; 6.2 the Products operate, and throughout the relevant warranty period set out in the applicable Order (or, if no period is there set out, 12 months from the date of delivery) shall continue to operate, properly without fault or defect, or, if any fault or defect does occur, OEM or Supplier shall promptly correct it. Supplier shall ensure that no defective, worn or obsolete Hardware or parts (including disk drives or other data bearing elements) that hold any data (including metadata) leave the possession or premises of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ or any of its Affiliates without ▇▇▇▇▇▇ ▇▇▇▇▇▇▇’▇ express prior written approval in each instance; 6.3 the Products do not contain or include, and are not designed to interact or interconnect (in any manner) with, and do not require, in order to function in their intended fashion, the use of any third party software or other third party work subject to an open source licence or any ‘copyleft’ terms that: (i) grant, or purport to grant, to any third party any right to or in ▇▇▇▇▇▇ ▇▇▇▇▇▇▇’▇ or any of its Affiliates’ respective intellectual property rights or other proprietary rights; (ii) could cause, or be interpreted or asserted to cause, any of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇’▇ or any of its Affiliates’ respective intellectual property or other proprietary materials to become subject to the terms of any open source or similar licence; (iii) require ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ or any of its Affiliates to make any source code (or any part or derivative work thereof) available to third parties under any circumstances; or (iv) otherwise subject ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ or any of its Affiliates to any obligation not expressly set out in these Terms or the applicable Order;

OEM Warranties. TAMUS acknowledges there is a three (3) year warranty on certain OEM equipment supplied by IBM, such warranties commencing on dates to be supplied and verified by IBM. TAMUS further acknowledges that not all OEM equipment for the DAS was purchased by Contractor; therefore Contractor cannot provide warranties for OEM equipment not purchased by Contractor. Contractor will support TAMUS and seek to have Corning warrant the equipment Contractor did not purchase if such Corning equipment is within the three (3) year warranty period noted herein. Contractor will invoice Corning and/or TAMUS for labor associated with trouble-shooting and replacement of Corning-warranted equipment in accordance with directions from TAMUS. Contractor will support TAMUS in enforcing warranty agreements from any equipment manufacturers providing equipment used in the ▇▇▇▇ Field DAS. Contractor warranted equipment list is identified in Exhibit C. Contractor will be compensated for trouble shooting and replacing defective equipment in accordance with Section 8.4.

OEM Warranties