Replacement or Repair. In performing the Basic Service, MORPHO shall determine, at its reasonable discretion whether to repair or replace any defective Equipment parts.
Replacement or Repair. Digene, at its election, shall repair or replace Products, Other Products or Digene Equipment returned during the Warranty Period which fail to meet the warranty set forth in Section 13.1 ("Defective Products"). Customers in the Territory, CMV Territory and SHARP Territory shall return Defective Products to Abboxx, xxs Affiliates or sub-distributors for return to Digene. Digene, at its election, shall accept returned Defective 71 THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH "*" AND BRACKETS AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Products in accordance with the terms of Schedule 13.2 or Abboxx, xx Digene's request, shall dispose of such Defective Products appropriately. Digene shall bear the cost of return shipment of Defective Products to Digene and the cost of shipping repaired or replaced Defective Products to the customer or Abboxx, xxs Affiliates or sub-distributors, as the case may be.
Replacement or Repair. In performing Preventive Maintenance and Remedial Maintenance, SELLER shall be entitled to exercise reasonable discretion in determining whether to replace or repair any malfunctioning item, provided, however, that any such replacement shall be of equal or better quality and, in the event of a malfunction of key circuit boards, to be specified by SELLER, a replacement board will be provided pending completion of repairs on the defective board.
Replacement or Repair. If any product covered by this warranty is determined to be defective or nonconforming by a Dawnice authorized service partner, Dawnice will, at its sole discretion, replace or repair the defective or nonconforming product. Any repair or replacement will not be considered an extension or recalculation of the warranty period.
Replacement or Repair. Contractor, at its sole expense, shall keep all Facilities in good working order and repair. Contractor shall be liable for all costs reasonably incurred by County to repair or replace the Facilities operated and/or used by Contractor under this Agreement. Contractor may request reimbursement from County for the cost of repair and replacement if and only if (i) the repair or replacement is necessary to remedy damage caused by the negligence of County or its employees or agents; (ii) Contractor assigns to County any and all subrogation rights it has against any other Person who may be liable for the damage;
Replacement or Repair. In performing Preventive Maintenance and Remedial Maintenance, IWS shall be entitled to exercise reasonable discretion in determining whether to replace or repair any malfunctioning item; provided, however, that any such replacement shall be a functional equivalent.
Replacement or Repair. Upon return of damaged equipment, Lessor (rf Services) will make a determination of the extent of damage and required repairs. In determining whether equipment shall be replaced or repaired, the judgment of Lessor (rf Services) shall be conclusive.
Replacement or Repair. In performing Preventive Maintenance and Remedial Maintenance, IWS shall be entitled to exercise reasonable discretion in determining whether to replace or repair any malfunctioning item, provided, however, that any such replacement shall be of equal or better quality and, in the event of a malfunction of key circuit boards, to be specified by IWS, a replacement board will be provided pending completion of repairs on the defective board.
Replacement or Repair. Upon return of damaged equipment, NTSS will make a determination of the extent of damage and required repairs. In determining whether equipment shall be replaced or repaired, the judgment of NTSS shall be conclusive. Should NTSS determine that the equipment shall be replaced, Renter shall be responsible for the cost to replace the same item or the closest comparably- equipped model, at current manufacturer’s list prices without deduction for depreciation. Damage includes any type of damage caused by misuse, neglect, or any use for which the equipment was not intended. Also included is damage caused by fire or water; attempts to make repairs by the Renter or anyone else other than NTSS, installation of parts or accessories, product modification or failure to follow instructions contained in the operator’s manual is also considered damage. Renter is responsible for removing any stickers or labels attached to the radios for their own identification. Any such devices left on the units will incur a charge of $5.00 per unit. Renter will be charged full price on damaged equipment until repair or replacement has occurred to the satisfaction of NTSS.
Replacement or Repair. The Contractor at its sole expense shall keep all Facilities in good working order and repair and, as required in the Specifications. The Contractor shall be liable for all costs reasonably incurred by the County to repair or replace the Facilities owned, operated or used by the Contractor or provided to the County for its use under this Contract including, but not limited to, the Containers, Trailers, Tractors, Transport Facilities and Disposal Facilities; however, the County shall be liable for, but only to the extent that the repair or replacement of Facilities is caused by, the negligence of the County.
