Performance of Warranty Work. From and after the Closing, Sellers’ hereby retain Buyer as their subcontractor to administer and respond on their behalves to any warranty claims related to products sold or services performed in the Business prior to the Closing, including, as necessary, to perform any warranty service work, repairs, replacements or otherwise fulfill the applicable Seller’s warranty obligations (collectively, the “Warranty Work”). Such Warranty Work shall be performed by Buyer in a manner consistent with Buyer’s handling of warranty work on its own precast products in the ordinary course of Buyer’s business. For the avoidance of doubt, such warranty obligations of the Sellers are Excluded Liabilities. The Sellers and the Buyer shall consult with each other regarding the nature of any Warranty Work that may be required from time to time. The applicable Seller shall reimburse Buyer for its direct labor and material costs incurred in connection with any Warranty Work, plus an amount for overhead equal to ten percent (10%) of such direct costs. The Buyer shall invoice the applicable Seller monthly for any Warranty Work performed by the Buyer on its behalf and the applicable Seller shall pay such invoices within thirty (30) days after receipt thereof. Any sales or similar taxes will be separately invoiced to the applicable Seller and payable on demand. If Buyer provides a credit or other financial consideration to any customer in lieu of performing any Warranty Work, Sellers shall reimburse Buyer for such credit or set-off, provided that Buyer obtains the applicable Seller’s consent, not to be unreasonably withheld or delayed.
Performance of Warranty Work. COMPENSATION. Dealer shall perform all warranty service work requested for Excelsior-Xxxxxxxxx Products, regardless of whether such Products were purchased from Dealer. Excelsior-Xxxxxxxxx shall provide compensation to Dealer for labor and Excelsior-Xxxxxxxxx parts used in the performance of Excelsior-Xxxxxxxxx warranty work in such reasonable amounts, and subject to such terms and conditions, as Excelsior-Xxxxxxxxx may from time to time establish. Dealer shall not charge any customer for any work covered by an Excelsior-Xxxxxxxxx warranty and reimbursed from Excelsior-Xxxxxxxxx to Dealer. Dealer shall use Excelsior-Xxxxxxxxx parts in work performed under the Excelsior-Xxxxxxxxx customer warranty or otherwise reimbursed by Excelsior-Xxxxxxxxx. The determination whether any work is covered under the Excelsior-Xxxxxxxxx limited customer warranty shall be made solely by Excelsior-Xxxxxxxxx. Notwithstanding the foregoing, Dealer, as an independent contractor, shall bear sole responsibility for and shall be solely liable for, the manner of performance by Dealer of any and all warranty service and repairs.
Performance of Warranty Work. The Design-Builder acknowledges that time is of the essence in the performance of all Warranty Work required under this Section in light of the Project’s essential public purpose. Accordingly, all Warranty Work shall be performed in accordance with the Contract Standards and within the minimum amount of time required in accordance with Good Engineering and Construction Practice. The Design-Builder shall perform or cause to be performed all Warranty Work performed under this Section in a manner that will minimize interference with the ongoing operations of the Project and the City Distribution System. The Design-Builder shall provide a written plan for all proposed Warranty Work (unless expressly waived by the City).
Performance of Warranty Work. Licensee will, as requested by Owner, perform all warranty service work that has been pre-approved by Owner and is covered by Owner’s standard warranty on Ashley Products. Licensee will follow the procedures established by Owner when providing or performing warranty service work on Ashley Products and in dealing with customer warranty claims. Licensee acknowledges that Owner will only reimburse Licensee for costs or charges, that have been pre-approved by Owner, which Licensee incurs in performing warranty work covered by Owner’s standard warranty for Ashley Products.
Performance of Warranty Work. The Design-Build Contractor acknowledges that time is of the essence in the performance of all Warranty Work required under this Article in light of the Project’s essential public purpose. Accordingly, all Warranty Work required under this Article shall be performed in accordance with the Design-Build Standards and, without limiting any of the specific time requirements set forth in subsection (B) of this Section, within the minimum amount of time required in accordance with Good Engineering and Construction Practice. The Design-Build Contractor shall perform or cause to be performed all Warranty Work performed under this Article in a manner that will minimize interference with the ongoing operations of the WWTP. The Design-Build Contractor shall provide a written plan for all proposed Warranty Work pursuant to this Section (unless expressly waived by the Sewer District).
Performance of Warranty Work. Retailer agrees to follow procedures established by Kincaid in xxx Xxxhorized Retailer Policy when providing or performing warranty service or work on all Kincaid Proxxxxx xnd in dealing with its customers with regard to the same.
Performance of Warranty Work. Retailer acknowledges that except to the extent otherwise specifically provided by the terms of any applicable limited warranty, Kincaid shaxx xxxx the option of requiring Retailer to return any Kincaid Proxxxx xx Kincaid's dxxxxxxxxx plant or warehouse for repair or replacement, or having Retailer replace such Product or make such repairs with components or parts supplied by Kincaid. Rxxxxxxx acknowledges that Kincaid shaxx xxx be responsible for pick up and delivery costs, inspection charges or minor repairs, which Retailer or any customer may incur in returning any Kincaid Product to Retailer and Retailer's assessment and correction of such problem during the course of determining whether a warranty claim exists.
Performance of Warranty Work. Contractor must begin corrective action Work within 30 Days after VPRA’s Acceptance of the written plan for Warranty Work. If the Work cannot be started within such time because of seasonal or other limitations, Contractor must notify VPRA of this circumstance in writing and submit a schedule for completion of the Warranty Work for VPRA’s Approval. If Contractor does not use its best efforts to perform Warranty Work within the agreed time, or if Contractor and VPRA fail to reach an agreement, VPRA, after notice to Contractor, will have the right to perform the Warranty Work itself or have the Warranty Work performed by Third-Parties. Contractor shall be responsible for the costs of performance of Warranty Work by VPRA or Third-Parties. Contractor shall also be responsible for the performance or cost of inspection and testing of the Warranty Work.
Performance of Warranty Work. Following the Closing, Buyer shall assume, as part of the Assumed Liabilities, all responsibility for and shall perform, or cause to be performed, all of the warranty work listed on Schedule 1.3(b).
