Common use of Serial Defects Clause in Contracts

Serial Defects. If the same defect or deficiency shall occur in the same part or component of twenty per cent (20%) or more of the Units (a “Serial Defect”), the Seller shall promptly investigate the root cause of such Serial Defect, determine whether such Serial Defect is reasonably likely to occur in any additional Units, and provide the Buyer with a detailed written report addressing these issues. The warranties set forth in this Article 16 shall continue to be in full force and effect for the part or component containing the Serial Defect for an additional eighteen (18) months beyond the expiration of the applicable Warranty Period. Any dispute between the Parties as to whether there is a Serial Defect shall be determined in accordance with Article 32.

Appears in 6 contracts

Samples: Agreement (Noble Environmental Power LLC), Agreement (Noble Environmental Power LLC), Agreement (Noble Environmental Power LLC)

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Serial Defects. If the same defect or deficiency shall occur in the same part or component of twenty thirty per cent (2030%) or more of the Units (a “Serial Defect”), the Seller shall promptly investigate the root cause of such Serial Defect, determine whether such Serial Defect is reasonably likely to occur in any additional Units, and provide the Buyer with a detailed written report addressing these issues. The warranties set forth in this Article 16 shall continue to be in full force and effect for the part or component containing the Serial Defect for an additional eighteen (18) months beyond the expiration of the applicable Warranty Period. Any dispute between the Parties as to whether there is a Serial Defect shall be determined in accordance with Article 32.

Appears in 2 contracts

Samples: Confidential Treatment (Noble Environmental Power LLC), Confidential Treatment (Noble Environmental Power LLC)

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Serial Defects. If the same defect or deficiency shall occur in the same part or component of twenty per cent (20%) either 30% or more of the generators in the Units or 30% or more of the gear boxes in the Units (a “Serial Defect”), the Seller shall promptly investigate the root cause of such Serial Defect, determine whether such Serial Defect is reasonably likely to occur in any additional Units, and provide the Buyer with a detailed written report addressing these issues. The warranties set forth in this Article 16 shall continue to be in full force and effect for the part or component containing the Serial Defect for an additional eighteen (18) months beyond the expiration of the applicable Warranty Period. Any dispute between the Parties as to whether there is a Serial Defect shall be determined in accordance with Article 32.

Appears in 2 contracts

Samples: This Agreement (Noble Environmental Power LLC), This Agreement (Noble Environmental Power LLC)

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