RECALLS AND DEFECTS Sample Clauses

RECALLS AND DEFECTS. 7.3.1. The Merchant shall be solely responsible for any non-conformity or defect in, or any public or private recall of its listed Products. Simsim shall have no responsibility or liability for any recall of Product sold through the Platform. If the Product is subject to a recall, the Merchant shall be responsible for all matters, costs and expenses associated with such recall, including without limitation, notices, refunds, contact and reporting of the recall to any governmental agency having jurisdiction over the affected Products, and compliance with all Applicable Laws with respect to such recall.
Sample 1
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RECALLS AND DEFECTS. Except for ordinary course warranty claims (for which a reserve is established), there are no defects that, in the aggregate, whether known or unknown, existing in any extrusions or parts manufactured by the Company (or any of its subsidiaries or Affiliates) or any predecessor entity for which the Company has liability upon which any valid legal claim may be made against the Buyer and/or the Company after Closing and which would be Material to the Company or the Business.
Sample 1
RECALLS AND DEFECTS. 12.1. Seller is solely responsible for any non-conformity or defect in, or any public or private recall of Seller’s Products. First Technology will have no responsibility or liability for any recalls of Products sold through the Makro Site. If Products are subject to a recall, Seller is responsible for all matters, costs and expenses associated with such recall, including without limitation, notices and refunds to Customers, contact and reporting of the recall to any governmental agency having jurisdiction over the affected Products, and compliance with all applicable Law with respect to such recall. Seller will promptly remove any recalled Products from the Makro Site by unpublishing or retiring the Product through the Partner Tool. Seller will notify First Technology (by both e-mail at xxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xx.xx and by one of the methods set forth in clause 28.2.) of all Product recalls within 24 hours of becoming aware of the recall. Seller will promptly provide First Technology with all information reasonably requested in connection with the recall of any Product.
Sample 1
RECALLS AND DEFECTS. The Seller is solely responsible for any non-conformity or defect in, or any public or private recall of Seller’s Products as is governed in terms of the Consumer Protection Act. Makro will have no responsibility or liability for any recalls of Products sold through the Makro Site. If Products are subject to a recall, the Seller is responsible for all matters, costs and expenses associated with such recall, including without limitation, notices and refunds to Customers, contact and reporting of the recall to any governmental agency having jurisdiction over the affected Products, and compliance with all applicable Law with respect to such recall. The Seller will promptly remove any recalled Products from the Makro Site by un-publishing or retiring the Product through the Seller Portal. The Seller will notify Makro by e-mail at xxxxxxx@xxxxx.xx.xx of all Product recalls within 24 hours of becoming aware of the recall. The Seller will promptly provide Makro with all information reasonably requested in connection with the recall of any Product.
Sample 1
RECALLS AND DEFECTS. 1. Seller is solely responsible for any non-conformity or defect in, or any public or private recall of Seller’s Products. AugResearch Marketplace will have no responsibility or liability for any recalls of Products sold through the AugResearch Site. If Products are subject to a recall, Seller is responsible for all matters, costs and expenses associated with such recall, including without limitation, notices and refunds to Customers, contact and reporting of the recall to any governmental agency having jurisdiction over the affected Products, and compliance with all applicable Law with respect to such recall. Seller will promptly remove any recalled Products from the AugResearch Site by unpublishing or retiring the Product through the Seller Portal. Seller will notify AugResearch Marketplace by e-mail to xxxxxxx@xxxxxxxxxxx.xxx of all Product recalls within 24 hours of becoming aware of the recall. Seller will promptly provide AugResearch Marketplace with all information reasonably requested in connection with the recall of any Product.
Sample 1
RECALLS AND DEFECTS. 11.1. Seller is solely responsible for any non-conformity or defect in, or any public or private recall of Seller’s Products. The Deziner Haat Marketplace will have no responsibility or liability for any recalls of Products sold through the The Deziner Haat Site. If Products are subject to a recall, Seller is responsible for all matters, costs and expenses associated with such recall, including without limitation, notices and refunds to Customers, contactandreportingoftherecalltoany governmentalagencyhavingjurisdictionover the affected Products, and compliance with all applicable Law with respect to such recall. Seller will promptly remove anyrecalled Productsfrom the The Deziner Haat Sitebyunpublishingorretiringthe Product through the Seller Portal. Seller will notify The Deziner Haat Marketplace by e-mail at xxxxxxx@xxxxxxxxxxxxxx.xxxxxxxx Productrecallswithin 24hours ofbecoming awareofthe recall. Seller will promptly provide The Deziner Haat Marketplace with all information reasonably requested in connection with the recall of any Product.
Sample 1
RECALLS AND DEFECTS. 11.1. Seller is solely responsible for any non-conformity or defect in, or any public or private recall of Seller’s Products. Makro Marketplace will have no responsibility or liability for any recalls of Products sold through the Makro Site. If Products are subject to a recall, Seller is responsible for all matters, costs and expenses associated with such recall, including without limitation, notices and refunds to Customers, contact and reporting of the recall to any governmental agency having jurisdiction over the affected Products, and compliance with all applicable Law with respect to such recall. Seller will promptly remove any recalled Products from the Makro Site by unpublishing or retiring the Product through the Seller Portal. Seller will notify Makro Marketplace by e-mail at xxxxxxx@xxxxxxxxxxxxxxxx.xx.xx of all Product recalls within 24 hours of becoming aware of the recall. Seller will promptly provide Makro Marketplace with all information reasonably requested in connection with the recall of any Product.
Sample 1
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Related to RECALLS AND DEFECTS

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Defects a. The Customer shall inspect the Goods upon delivery and will, within 48 hours, notify the Company of any defects, short deliveries or any failure to fulfill any quotation or order.

  • Environmental Defects For purposes of this Agreement, the term “Environmental Defect” means, with respect to any given Asset, an individual environmental condition identified with specificity in Buyer’s Environmental Review that constitutes a material violation of Environmental Laws in effect as of the date of this Agreement in the jurisdiction in which the affected Asset is located, excluding, however any environmental conditions deemed not to be Environmental Defects by application of Section 5.04(c).

  • Title Defects If: (i) the Title Commitment reflects any exceptions to title which are not acceptable to Buyer, in Buyer’s sole discretion; (ii) the Survey discloses any state of fact not acceptable to Buyer, in Buyer’s sole discretion; or (iii) at any time prior to the Closing, title to the Property is encumbered by any exception to title not acceptable to Buyer, in Buyer’s sole discretion (with any such exception or unacceptable state of fact being referred to herein as a “Title Defect”); then Buyer may, on or before the Satisfaction Date (or, in the case of a Title Defect not disclosed by the Title Commitment prior to the Satisfaction Date, within fifteen (15) days after Buyer receives notice of such Title Defect), provide Seller with written notice of such Title Defect. Seller shall have the right, but not the obligation (except as specifically set forth below), during the thirty (30) day period after receipt of such notice, but not later than the Closing, to remove such Title Defect or obtain affirmative title insurance coverage acceptable to Buyer, insuring and defending Buyer against any loss, cost, or expense arising out of or related to such Title Defect (“Affirmative Coverage”). If Seller elects to do so, then on or before the Closing Date (as defined below), Seller shall provide Buyer with reasonable evidence of such removal or provide reasonable evidence that such Title Defect will be removed or that such Affirmative Coverage will be obtained. Notwithstanding anything contained herein to the contrary, Seller shall be obligated to expend whatever sums are required to cure or obtain Affirmative Coverage for the following Title Defects prior to, or at, the Closing:

  • Amendments to Clarify and Correct Errors and Defects The parties may amend this Agreement to clarify an ambiguity, correct an error or correct or supplement any term of this Agreement that may be defective or inconsistent with the other terms of this Agreement, in each case, without the consent of the Noteholders, the Certificateholders or any other Person. The parties may amend any term or provision of this Agreement from time to time for the purpose of conforming the terms of this Agreement to the description thereof in the Prospectus, without the consent of Noteholders, the Certificateholders or any other Person.

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of Recognized Environmental Conditions (as such term is defined in ASTM E1527-05 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related lender; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated, abated or contained in all material respects prior to the date hereof, and, if and as appropriate, a no further action, completion or closure letter or its equivalent, was obtained from the applicable governmental regulatory authority (or the Environmental Condition affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action or investigation is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the Environmental Condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x, S&P and/or Fitch; (E) a party not related to the Mortgagor was identified as the responsible party for the Environmental Condition and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition at the related Mortgaged Property.

  • REMEDY OF DEFECTS (a) The BUILDER shall remedy, at its expense, any Defect against which the VESSEL is guaranteed under this Article, by making all necessary repairs or replacements at the Shipyard.

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

  • Review and Procedure Limitations The Asset Representations Reviewer will have no obligation (i) to determine whether a Delinquency Trigger has occurred, (ii) to determine whether the required percentage of Noteholders has voted to direct a Review, (iii) to determine which Receivables are subject to a Review, (iv) to obtain or confirm the validity of the Review Materials, (v) to obtain missing or insufficient Review Materials (except to the extent set forth in Section 3.04), or (vi) to take any action or cause any other party to take any action under any of the Basic Documents to enforce any remedies for breaches of any Eligible Representations. The Asset Representations Reviewer will only be required to perform the Tests provided in Exhibit A and will have no obligation to perform additional testing procedures on any ARR Receivables or to consider any additional information provided by any party. The Asset Representations Reviewer will have no obligation to provide reporting or information in addition to that described in Section 3.07. However, the Asset Representations Reviewer may review and report on additional information that it determines in good faith to be material to its performance under this ARR Agreement and may re-perform a Review with respect to an ARR Receivable as contemplated by Section 3.09. The Issuing Entity expressly agrees that the Asset Representations Reviewer is not advising the Issuing Entity or any Noteholder or any investor or future investor concerning the suitability of the Notes or any investment strategy. The Issuing Entity expressly acknowledges and agrees that the Asset Representations Reviewer is not an expert in accounting, tax, regulatory, or legal matters, and that the Asset Representations Reviewer is not providing legal advice as to any matter.

  • Remedies for Environmental Defects (a) If any Environmental Defect described in a notice delivered in accordance with Section 4.03 is not cured on or before the Closing, and Seller has not elected to exclude the affected Assets from this sale or Buyer and Seller have not agreed for Seller to indemnify Buyer for the Environmental Defect, then the Purchase Price shall be reduced by the Environmental Defect Value of such Environmental Defect as agreed by the Parties.

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