RIGHTS IN THE EVENT OF DEFECTS Defects Sample Clauses

RIGHTS IN THE EVENT OF DEFECTS Defects. The Solutions are free from Defects if they substantially conform to the then-current Doc- umentation and are suitable for the use intended un- der this Agreement. To the extent that the Software is intended to be used in combination with other prod- ucts (e.g. Microsoft SharePoint) as specified in this Agreement and expressly approved as compliant in the Documentation, AVEPOINT only warrants that the Soft- xxxx will perform without Defects in combination with the then current versions of such other products at the Effective Date, but not with any successor versions. Reports and Defect verifications. Customer shall report any Defects to AVEPOINT in writing without undue delay, submitting a detailed description of the Defect or, if this is not possible, of the symptoms of the problem, and provide (i) any data, configuration infor- mation, and information about all programs used by Customer in making its determination that a Defect ex- ists, and (ii) any information useful for rectification of the Defect and available to Customer. Defect verifica- tions, if any, shall be conducted at Customer’s or AVE- POINT’s place of business, as determined by AVEPOINT. 6. RECHTE BEI MÄNGELN
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RIGHTS IN THE EVENT OF DEFECTS Defects. The Licensed Property is free from defects if the Licensed Property substantially conforms to the then current Documentation supplied by Ave- Point to Customer that relates to the version of the Li- censed Property delivered by AvePoint to Customer, and the Licensed Property is suitable for the use in- tended under this Agreement. To the extent that the Software is intended to be used in combination with other products (e.g. Microsoft SharePoint) as specified in this Agreement and expressly approved as compli- ant in the Documentation, AvePoint only warrants that the Software will perform without defects in combina- tion with the then current versions of such other prod- ucts at the Effective Date, but not with any successor versions. Reports and defect verifications. Customer shall report any defects to AvePoint in writing without undue delay, submitting a detailed description of the defect or, if this is not possible, of the symptoms of the problem, and provide (i) any data, configuration infor- mation, and copies of all programs used by Customer in making its determination that a defect exists, and (ii) any information useful for rectification of the defect and available to Customer. Defect verifications, if any, shall be conducted at Customer’s or AvePoint’s place of business, as determined by AvePoint. Rights in case of defects. In case of defects other than defects in title [Rechtsmängel], AvePoint shall at its option and within a reasonable time after receiving notification from Customer of defects de- tected in the Licensed Property (i) rectify the defects, (ii) replace the defective Licensed Property with a re- placement offering substantially similar functionality, or (iii) reveal adequate and reasonable ways to work around the effects of the defect. If such efforts fail, Cus- tomer shall have the right to rescind the affected de- livery or request a reasonable reduction of the Licence fee paid to AvePoint for the affected delivery. AvePoint shall pay any damages and reimburse expenditure in- curred in vain due to a defect within the limits as de- fined in Section 6. Exclusions. Any claims in case of defects are excluded: 5. RECHTE BEI MÄNGELN
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Related to RIGHTS IN THE EVENT OF DEFECTS Defects

  • 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.

  • RECTIFICATION OF DEFECTS 23.1 The Council may give the Developer a Rectification Notice during the Defects Liability Period.

  • Liability for defects Aptum is dependent on manufacturers and developers of the Branded Products for updates and patches, including security patches, and will have no liability to Customer, Customer’s Users or any third party with respect to security vulnerabilities inherent in the applicable Branded Products.

  • Cost of remedying Defects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to:

  • Notice of Defects If, based on Consulting Engineer/Architect's involvement during the construction phase, Consulting Engineer/Architect observes or otherwise becomes aware of any defect in the work, he shall give prompt written notice to City of such defects and their approximate location on the Project. However, Consulting Engineer/Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, inspections and programs in connection with the work, since these are solely the contractor's responsibility under the contract for construction. Consulting Engineer/Architect shall not be responsible for the contractor's schedules or failure to carry out the work in accordance with the Contract Documents. Consulting Engineer/Architect shall not have control over or charge of acts or omissions of the contractor, contractor's subcontractors, or their agents or employees.

  • 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:

  • Warranty Against Defects Subdivider shall warrant all Subdivision public improvements to be free from defects and shall make all necessary repairs or modification to the Subdivision for a period of Three (3) years from acceptance of dedication of public improvements of the final phase of the Subdivision by the City of Avon. If the Subdivider fails to meet the warranty obligations in a timely manner, the City of Avon may contract with any other party for the necessary work or use its own employees to perform the work and to be reimbursed by the Subdivider or, if sufficient funds are available, to draw upon the financial guarantees provided in this Agreement.

  • Our Liability for Failure to Complete Transactions If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

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