Resolution of Defects Sample Clauses

Resolution of Defects. Software defects reported during the contractually agreed warranty period shall be resolved by rec- tification or replacement, at Securiton’s discretion. A workaround or suppression of a defect is a permitted form of rectification. Multiple rectifications and replacements are permitted. If the rectification or replacement also fails, the user is entitled to withdraw from this Agreement. The user’s declaration to withdraw from this Agreement ends their right to use the App. Any licence fee charged to the user shall be reimbursed. Any further warranty claims by the user (including the right to reduce the licence fee, or payment of damages) are hereby explicitly disclaimed. Securiton shall be relieved of its warranty obligations if a defect in the App is the result of circum- stances beyond its control. The technical data, specifications and descriptions in Securiton’s user documentation or other doc- umentation (including app stores) do not constitute an assurance, unless Securiton explicitly states in writing that they constitute an assurance.
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Resolution of Defects. IGLOO’s resolution of defects may take the form of new code, new or supplementary operating instructions or procedures, workarounds or any other commonly used method for correcting defects, as IGLOO deems appropriate. Customer shall be consulted during such resolution efforts that require new software code and shall have an opportunity if requested by Customer to test before use in live production. The formal acceptance process outlined in the Agreement shall be followed unless the parties agree in writing (including via email) upon an alternative.
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Resolution of Defects. In the event of a Defect of the Services, Proov Group shall promptly find a solution, depending on the severity of the Defect : -in the event of a Critical Defect, Proov Group shall provide a solution within two (2) business hours ; - in the event of a Major Defect, Proov Group shall provide a solution within fourty-eight (48) business hours ; -in the event of a Minor Defect, Proov Group shall provide a solution within seventy-two (72) business hours In order to facilitate the resolution of errors, the Customer shall provide all relevant information regarding the problem, Customer Account, circumstances leading to the problem, confirmation of Customer’s configuration details including the Operating system (IOS or Android) that is used. Proov Group shall be exonerated from its obligation regarding support in case of: - improper use of the Services, or any use contrary to the Documentation, wether by the Customer or by any person authorized by the Customer; - any failure of the Customer to perform or observe any of its obligations under this Agreement; - infringement of Proov Group’s intellectual property rights by the Customer; - attempted access by the Customer to the Application’s source code without Proov Group’s written consent;
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Resolution of Defects. Changefirst is obliged to resolve all justified defects. In so far as Changefirst is not able to resolve defects entirely and permanently, Changefirst shall make available a workaround, if this is technically possible and feasible. As part of this Changefirst is obliged to import and implement workarounds or corrections inclusive of all connected configuration jobs and adjustments. The import and implementation of workarounds or corrections may not restrict the operation or Third Parties more than absolutely necessary. Should Changefirst realise that the import and implementa- tion of workarounds or corrections would restrict the operation or Third Parties more than reasonably, then Changefirst shall immediately inform the Client. Should Changefirst be able to justifiably prove that a defect reported by Client cannot be attributed to the Application, then Changefirst shall inform Client immediately per Email.
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Resolution of Defects. The Client must promptly notify Powernet of any defect identified in a Service provided by Powernet under this Agreement. Upon receipt of a notice the Parties must use commercial and reasonable efforts to resolve any such defect identified in that notice.
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Resolution of Defects. The Client must promptly notify Evologic of any defect identified in a Service provided by Evologic under this Agreement. Upon receipt of a notice the Parties must use commercial and reasonable efforts to resolve any such defect identified in that notice.
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Resolution of Defects. If Seller's Response indicates that Seller disagrees either with the assertion of a matter as a Defect, or the Defect Value thereof, the parties shall meet and negotiate in good faith upon a resolution thereof. If the parties cannot agree on such resolution within 15 Days following the date of Seller's Response, then either party may submit the matter to binding arbitration as set forth below.
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Related to Resolution of Defects

  • Resolution of Disputes Any dispute or disagreement which may arise under, or as a result of, or in any way related to, the interpretation, construction or application of this Agreement shall be determined by the Committee. Any determination made hereunder shall be final, binding and conclusive on the Grantee and the Company for all purposes.

  • Governing Law; Resolution of Disputes This Agreement and the rights and obligations hereunder shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any dispute arising out of this Agreement shall, at the Executive’s election, be determined by arbitration under the rules of the American Arbitration Association then in effect (in which case both parties shall be bound by the arbitration award) or by litigation. Whether the dispute is to be settled by arbitration or litigation, the venue for the arbitration or litigation shall be Milwaukee, Wisconsin or, at the Executive’s election, if the Executive is not then residing or working in the Milwaukee, Wisconsin metropolitan area, in the judicial district encompassing the city in which the Executive resides; provided, that, if the Executive is not then residing in the United States, the election of the Executive with respect to such venue shall be either Milwaukee, Wisconsin or in the judicial district encompassing that city in the United States among the thirty cities having the largest population (as determined by the most recent United States Census data available at the Termination Date) which is closest to the Executive’s residence. The parties consent to personal jurisdiction in each trial court in the selected venue having subject matter jurisdiction notwithstanding their residence or situs, and each party irrevocably consents to service of process in the manner provided hereunder for the giving of notices.

  • Resolution of Dispute Any dispute regarding this Agreement (including without limitation its validity, interpretation, performance, enforcement, termination and damages) shall be determined in accordance with the laws of the State of California, the United States of America. Any action under this paragraph shall not preclude any party hereto from seeking injunctive or other legal relief to which each party may be entitled.

  • 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. 35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineer’s notice.

  • Resolution of Discrepancies In the event of any discrepancy between the information set forth in any report provided by the Custodian to the Company and any information contained in the books or records of the Company, the Company shall promptly notify the Custodian thereof and the parties shall cooperate to diligently resolve the discrepancy.

  • Informal Resolution of Disputes 10.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 or Section 10.4.5, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.

  • Resolution of Disputes Choice of Law (a) This Transition Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to the principles of conflicts of law. (b) All suits, actions or proceedings arising out of or relating to this Transition Agreement shall be brought in a state or federal court located in San Francisco County, California, which courts shall be the exclusive forum for all such suits, actions or proceedings. Executive and the Company hereby waive any objection which either of Executive may now or hereafter have to the laying of venue in any such court, including any claim based on the doctrine of forum non conveniens or any similar doctrine, for any such suit, action or proceeding. Executive and the Company each hereby irrevocably consent and submit to the jurisdiction of the federal and state courts located in San Francisco County, California for the purposes of any suit, action or proceeding arising out of relating to this Transition Agreement. If any action is necessary to enforce the terms of this Transition Agreement, the substantially prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled (c) EXECUTIVE AND THE COMPANY EACH HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING ARISING UNDER THIS TRANSITION AGREEMENT OR RELATED IN ANY WAY TO EXECUTIVE’S EMPLOYMENT AND/OR TO THE TERMINATION OF EXECUTIVE’S EMPLOYMENT AND AGREE THAT ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY.

  • Resolution of Differences Differences between the Employer and the Union as to the interpretation or application of the provisions of the Trust Agreement relating to employee benefits shall not be subject to the grievance or arbitration procedure established in any collective bargaining agreement. All such differences shall be resolved in the manner specified in the Trust Agreement.

  • Resolution of Conflicts (a) In case the Member Representative shall timely object in writing to any claim or claims by a Parent Indemnified Party made in any Indemnification Notice, as provided in Section 6(b), the Member Representative and the Parent Indemnified Party shall attempt in good faith for thirty (30) calendar days following delivery of the Certificate of Objections to agree upon the rights of the respective parties with respect to each of such claims. If the Member Representative and the Indemnified Party should so agree, a memorandum setting forth such agreement shall be prepared and signed by both parties and shall be furnished to the Depository Agent. The Depository Agent shall be entitled to rely on any such memorandum and shall distribute amounts from the Escrow Fund in accordance with the terms thereof. (b) If no such agreement can be reached after good faith negotiation, either the Parent Indemnified Party or the Member Representative may, by written notice to the other, demand arbitration of the matter unless the amount of the damage or loss is at issue in pending litigation with a third party, in which event arbitration shall not be commenced until such amount is ascertained or both parties agree to arbitration; and in either such event the matter shall be settled by arbitration conducted by a single arbitrator. The arbitrator shall be jointly selected by the Parent Indemnified Party and the Member Representative within fifteen (15) calendar days after such written notice is sent, or absent such agreement, such arbitrator shall be appointed pursuant to the Commercial Arbitration Rules then in effect of the American Arbitration Association. The decision of the arbitrator as to the validity and amount of any claim in such Indemnification Notice shall be binding and conclusive upon the parties to this Agreement, and the Depository Agent shall be entitled to act in accordance with such decision and make or withhold payments out of the Escrow Fund in accordance therewith. (c) Any such arbitration shall be held in Washington, D.C. under the Commercial Arbitration Rules then in effect of the American Arbitration Association. For purposes of this Section 7, in any arbitration hereunder in which any claim or the amount thereof stated in the Indemnification Notice is at issue, the Parent Indemnified Party shall be deemed to be the "Non-Prevailing Party" unless the arbitrator awards the Parent Indemnified Party more than one-half (1/2) of the amount in dispute; otherwise, the Member Representative (on behalf of the Holders) shall be deemed to be the Non-Prevailing Party. The Non-Prevailing Party to an arbitration shall pay its own expenses, the fees of the arbitrator, the administrative fee of the American Arbitration Association, and the expenses, including without limitation, attorneys' fees and costs, reasonably incurred by the other party to the arbitration. Judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction.

  • Resolution of Disagreements Disputes arising under this Agreement will be resolved informally by discussions between Agency Points of Contact, or other officials designated by each agency.

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