Repair of Defects. If Buyer or Seller discovers that the Work, or any portion thereof, fails to meet the Warranty, the it shall notify the other Party of such failure promptly upon discovery, along with the reasonable basis therefor. Upon receipt of such notice, or upon Seller’s own discovery thereof, Seller shall promptly (i) cure such failure in accordance with the Warranty and (ii) perform such tests as Buyer may reasonably require to demonstrate the cure of such failure. Seller shall coordinate repairing, replacing or re- performing any of the Work with Buyer so as to minimize any adverse effects on the operation of the Project.
Appears in 2 contracts
Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement
Repair of Defects. If Buyer or Seller discovers that the Work, or any portion thereof, fails to meet the Warranty, the it shall notify the other Party of such failure promptly upon discovery, along with the reasonable basis therefortherefore. Upon receipt of such notice, or upon Seller’s own discovery thereof, Seller shall promptly (i) cure such failure in accordance with the Warranty and (ii) perform such tests as Buyer may reasonably require to demonstrate the cure of such failure. Seller shall coordinate repairing, replacing or re- re-performing any of the Work with Buyer so as to minimize any adverse effects on the operation of the Project.
Appears in 2 contracts
Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement
Repair of Defects. If Buyer or Seller discovers that the Work, or any portion thereof, fails to meet the Warranty, the it shall notify the other Party of such failure promptly upon discovery, along with the reasonable basis therefor. Upon receipt of such notice, or upon Seller’s own discovery thereof, Seller shall promptly (i) cure such failure in accordance with the Warranty and (ii) perform such tests as Buyer may reasonably require to demonstrate the cure of such failure. Seller shall coordinate repairing, replacing or re- re-performing any of the Work with Buyer so as to minimize any adverse effects on the operation of the Project.
Appears in 1 contract
Samples: Asset Purchase Agreement
Repair of Defects. If Buyer or Seller discovers that the Work, or any portion thereof, fails to meet the Warranty, the it shall notify the other Party of such failure promptly upon discovery, along with the reasonable basis thereforthereforetherefor. Upon receipt of such notice, or upon Seller’s own discovery thereof, Seller shall promptly (i) cure such failure in accordance with the Warranty and (ii) perform such tests as Buyer may reasonably require to demonstrate the cure of such failure. Seller shall coordinate repairing, replacing or re- re-performing any of the Work with Buyer so as to minimize any adverse effects on the operation of the Project.
Appears in 1 contract
Samples: Asset Purchase Agreement