Common use of Seller’s Additional Representations, Warranties and Covenants Clause in Contracts

Seller’s Additional Representations, Warranties and Covenants. (a) Seller warrants, represents and covenants that all of its operating and maintenance personnel shall be adequately qualified and trained throughout the term of the Agreement. (b) Seller represents, warrants and covenants that any goods and/or services furnished under this Agreement shall be covered by commercial warranties substantially similar to those Seller provides to any of its customers for the same or substantially similar goods and/or services. Any warranties provided by Seller shall supplement, and shall not limit or reduce, any rights afforded to Buyer by any clause in this Agreement, any applicable Uniform Commercial Code warranties, including, without limitation, Implied Warranty of Merchantability and Implied Warranty of Fitness for a Particular Purpose as well as any other express warranty. (c) In the event the Buyout Option is exercised by Buyer, the existing system warranties and covenants shall be transferred from Seller to Buyer. (d) Seller expressly warrants that all goods supplied shall be new, suitable for the use intended, of the grade and quality specified, free from all defects in conformance with specifications furnished by the Buyer, and in compliance with all applicable federal, state and local laws and regulations. (e) During the provision of goods and services, Seller may not disclaim any warranty, express or implied, and any such disclaimer shall be void. Additionally, the warranties above shall not be deemed to exclude Seller’s standard warranties or other rights and warranties that the Buyer may have or obtain. (f) Seller covenants to maintain and repair Project Sites if such maintenance and repairs are necessary as a result of Sellers’ authorized or permitted use, normal wear and tear of roofs excluded.

Appears in 1 contract

Samples: Power Purchase Agreement

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Seller’s Additional Representations, Warranties and Covenants. (a) Seller warrants, represents and covenants that all of its operating and maintenance personnel shall be adequately qualified and trained throughout the term of the Agreement. (b) Seller represents, warrants and covenants that any goods and/or services furnished under this Agreement shall be covered by commercial warranties substantially similar to those Seller provides to any of its customers for the same or substantially similar goods and/or services. Any warranties provided by Seller shall supplement, and shall not limit or reduce, any rights afforded to Buyer by any clause in this Agreement, any applicable Uniform Commercial Code warranties, including, without limitation, Implied Warranty of Merchantability and Implied Warranty of Fitness for a Particular Purpose as well as any other express warranty. (c) In the event the Buyout Option is exercised by Buyer, the existing system Generating Facilities warranties and covenants shall be transferred from Seller to Buyer. (d) Seller expressly warrants that all goods supplied shall be new, suitable for the use intended, of the grade and quality specified, free from all defects in conformance with specifications furnished by the Buyer, and in compliance with all applicable federal, state and local laws and regulations. (e) During the provision of goods and services, Seller may not disclaim any warranty, express or implied, and any such disclaimer shall be void. Additionally, the warranties above shall not be deemed to exclude Seller’s standard warranties or other rights and warranties that the Buyer may have or obtain. (f) Seller covenants to maintain and repair Project Sites if such maintenance and repairs are necessary as a result of Sellers’ authorized or permitted use, normal wear and tear of roofs excluded.

Appears in 1 contract

Samples: Power Purchase Agreement

Seller’s Additional Representations, Warranties and Covenants. (a) Seller warrants, represents and covenants that all of its operating and maintenance personnel shall be adequately qualified and trained throughout the term of the Agreement. (b) Seller represents, warrants and covenants that any goods and/or services furnished under this Agreement shall be covered by the most favorable commercial warranties substantially similar to those that Seller provides gives to any of its customers for the same or substantially similar goods and/or services. Any warranties so provided by Seller shall supplement, and shall not limit or reduce, any rights afforded to Buyer by any clause in this Agreement, any applicable Uniform Commercial Code warranties, including, without limitation, Implied Warranty of Merchantability and Implied Warranty of Fitness for a Particular Purpose as well as any other express warranty. (c) In the event the Buyout Option is exercised by Buyer, the existing system warranties and covenants shall be transferred from Seller to Buyer. (d) Seller expressly warrants that all goods supplied shall be new, suitable for the use intended, of the grade and quality specified, free from all defects in design, material and workmanship, in conformance with all samples, drawings, descriptions and specifications furnished by the Buyer, and in compliance with all applicable federal, state and local laws and regulations. (d) Seller warrants that all services shall strictly conform to the County’s requirements. (e) During the provision of goods and services, Seller may not disclaim any warranty, express or implied, and any such disclaimer shall be void. Additionally, the warranties above shall not be deemed to exclude Seller’s standard warranties or other rights and warranties that the Buyer may have or obtain. (f) Seller covenants to maintain and repair Project Sites if such maintenance and repairs are necessary as a result of Sellers’ authorized or permitted use, normal wear and tear including without limitation, the repair of any roofs excludedto the reasonable satisfaction of Buyer.

Appears in 1 contract

Samples: Power Purchase Agreement

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Seller’s Additional Representations, Warranties and Covenants. (a) Seller warrants, represents and covenants that all of its operating and maintenance personnel shall be adequately qualified and trained throughout the term of the Agreement. (b) Seller represents, warrants and covenants that any goods and/or services furnished under this Agreement shall be covered by the most favorable commercial warranties substantially similar to those that Seller provides gives to any of its customers for the same or substantially similar goods and/or services. Any warranties so provided by Seller shall supplement, and shall not limit or reduce, any rights afforded to Buyer by any clause in this Agreement, any applicable Uniform Commercial Code warranties, including, without limitation, Implied Warranty of Merchantability and Implied Warranty of Fitness for a Particular Purpose as well as any other express warranty. (c) In the event the Buyout Option is exercised by Buyer, the existing system warranties and covenants shall be transferred from Seller to Buyer. (d) Seller expressly warrants that all goods supplied shall be new, suitable for the use intended, of the grade and quality specified, free from all defects in design, material and workmanship, in conformance with all samples, drawings, descriptions and specifications furnished by the Buyer, and in compliance with all applicable federal, state and local laws and regulations. (d) Seller warrants that all services shall strictly conform to the Buyer’s requirements and standards. e) During the provision of goods and services, Seller may not disclaim any warranty, express or implied, and any such disclaimer shall be void. Additionally, the warranties above shall not be deemed to exclude Seller’s standard warranties or other rights and warranties that the Buyer may have or obtain. (f) Seller covenants to maintain and repair Project Sites if such maintenance and repairs are necessary as a result of Sellers’ authorized or permitted use, normal wear and tear including without limitation, the repair of any roofs excludedto the reasonable satisfaction of Buyer.

Appears in 1 contract

Samples: Power Purchase Agreement

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