Performance and Merchantability Sample Clauses

Performance and Merchantability. H Power warrants that the Fuel Cell Products will be built in a workmanlike manner and that the Fuel Cell Products will perform according to Performance Standards in Schedule C. H Power will correct any errors or discrepancies in the Fuel Cell Products that are identified by ECO Fuel Cells, the Licensed members or by H Power as soon as possible after ECO Fuel Cells or a Licensed Member informs H Power of any breach of this warranty. H Power expressly warrants that the Fuel Cell Products are merchantable and fit for the particular purpose for which they are designed, and these warranties will be extended to the end users of the Fuel Cell Products. H Power further warrants that the Fuel Cell Products have been designed by H Power without reliance on ECO, ECO Fuel Cells or Licensed Members and are provided to ECO, ECO Fuel Cells and Licensed Members with appropriate warnings and instructions.
AutoNDA by SimpleDocs
Performance and Merchantability. H Power warrants that the Fuel Cell Products will be built in a workmanlike manner and that the Fuel Cell Products will perform according to Performance Standards in Schedule C. H Power will correct any errors or discrepancies in the Fuel Cell Products that are identified by ECO Fuel Cells, the Licensed Members or by H Power as soon as possible after ECO Fuel Cells or a Licensed Member informs H Power of any breach of this warranty. H Power further warrants that the Fuel Cell Products have been designed by H Power without reliance on ECO, ECO Fuel Cells or Licensed Members and are provided to ECO, ECO Fuel Cells and Licensed Members with appropriate warnings and instructions. H Power expressly warrants that the Fuel Cell Products are merchantable and fit for the particular purpose for which they are designed, and these warranties and H Power's remedies and limitations on damages with respect thereto, will be extended to the end users of the Fuel Cell Products; however this paragraph applies only to the following:

Related to Performance and Merchantability

  • Quality Quality matters related to the Manufacture of the Compounds shall be governed by the terms of the Clinical Quality Agreement in addition to the relevant quality provisions of this Agreement.

  • Performance and Compliance Purchaser shall have performed all of the covenants and complied, in all material respects, with all the provisions required by this Agreement to be performed or complied with by it on or before the Closing.

  • Service Level Standards The parties agree to negotiate in good faith certain service level standards that, once agreed upon, will be incorporated into this Agreement subsequent to the effective date of the Agreement.

  • Measurement and Monitoring Tools As of the Effective date, Vendor and Prudential will mutually agree on the measurements and service level management procedures, pursuant to the governance procedures set forth in Attachment G and performance standards set forth in Attachment E-1 and E-2, to measure Vendor's performance of the Services against the applicable Service Levels. Such measurement and monitoring tools and procedures will (a) for Attachment E-1, be implemented upon the Effective Date; (b) for Attachment E-2, be implemented after successful completion of all testing and written acceptance by Prudential of the Transition Services set forth in Attachment B-1; (c) permit reporting at a level of detail sufficient to verify compliance with the Service Levels; and (d) be subject to audit by Prudential or its designee in accordance with the Agreement, except such audit will not include the installation of any audit software on Vendor's network.

  • Quality Standards Each Party agrees that the nature and quality of its products and services supplied in connection with the other Party's Marks will conform to quality standards set by the other Party. Each Party agrees to supply the other Party, upon request, with a reasonable number of samples of any Materials publicly disseminated by such Party which utilize the other Party's Marks. Each Party will comply with all applicable laws, regulations, and customs and obtain any required government approvals pertaining to use of the other Party's marks.

  • Computational Materials and Structural Term Sheets (a) Not later than 10:30 a.m., New York time, on the business day before the date on which the Current Report relating to the Offered Certificates of a Series is required to be filed by the Company with the Commission pursuant to Section 5(b) hereof, the Underwriter shall deliver to the Company five complete copies of all materials provided by the Underwriter to prospective investors in such Offered Certificates that constitute (i) "Computational Materials" within the meaning of the no-action letter dated May 20, 1994 issued by the Division of Corporation Finance of the Commission to Xxxxxx, Xxxxxxx Acceptance Corporation I, Xxxxxx, Peabody & Co. Incorporated, and Xxxxxx Structured Asset Corporation and the no-action letter dated May 27, 1994 issued by the Division of Corporation Finance of the Commission to the Public Securities Association (together, the "Xxxxxx Letters"), the filing of which material is a condition of the relief granted in such letter (such materials being the "Computational Materials"), and (ii) "Structural Term Sheets" within the meaning of the no-action letter dated February 17, 1995 issued by the Division of Corporation Finance of the Commission to the Public Securities Association (the "PSA Letter"), the filing of which material is a condition of the relief granted in such letter (such materials being the "Structural Term Sheets"). Each delivery of Computational Materials and Structural Term Sheets to the Company pursuant to this paragraph (a) shall be effected by delivering four copies of such materials to counsel for the Company on behalf of the Company at the address specified in Section 3 hereof and one copy of such materials to the Company.

  • Year 2000 Compatibility Borrower shall take all action necessary to assure that Borrower's computer based systems are able to operate and effectively process data including dates on and after January 1, 2000. At the request of Bank, Borrower shall provide Bank assurance acceptable to Bank of Borrower's Year 2000 compatibility.

  • Performance and Compliance with Receivables and Contracts At its expense, timely and fully perform and comply with all material provisions, covenants and other promises, if any, required to be observed by the Issuer under the Contracts related to the Receivables.

  • SERVICE XXXX USE A. Controlled Affiliate recognizes the importance of a comprehensive national network of independent BCBSA licensees which are committed to strengthening the Licensed Marks and Name. The Controlled Affiliate further recognizes that its actions within its Service Area may affect the value of the Licensed Marks and Name nationwide.

  • Performance Warranty Each Party hereby warrants and guarantees the performance of any and all rights and obligations of this Agreement by its Affiliates and Sublicensees.

Time is Money Join Law Insider Premium to draft better contracts faster.