Specific Warranty Sample Clauses
Specific Warranty. The Participating Generator represents and warrants that: (1) the Net Scheduled QF listed in Schedule 1 is a Qualifying Facility or is operated as an integral part of a Qualifying Facility and (2) the Self-provided Load of the Participating Generator that is served by the Net Scheduling QF either has contracted for and continues through the term of this Agreement to have secured standby service from a UDC or MSS Operator under terms approved by the Local Regulatory Authority or the Federal Energy Regulatory Commission, as applicable, or that the Self- provided Load shall be curtailed concurrently with any Outage of the Generation serving that Self- provided Load in an amount sufficient to cover that Outage.
Specific Warranty. The Participating Generator represents and warrants that: (1) the Net Scheduled Generating Unit listed in Schedule 1 is (a) a Qualifying Facility or is operated as an integral part of a Qualifying Facility, or (b) is a CHP Resource, and (2) (a) the Self-provided Load of the Participating Generator that is served by the Net Scheduling QF either has, and continues to have through the term of this Agreement, standby service from a UDC or MSS Operator under terms approved by the Local Regulatory Authority or the Federal Energy Regulatory Commission, as applicable, or (b) the Self-provided Load shall be curtailed concurrently with any Outage of the Generation serving that Self-provided Load in an amount sufficient to cover that Outage.
Specific Warranty. The Participating Generator represents and warrants that: (1) the Net Scheduled QF listed in Schedule 1 is a Qualifying Facility or is operated as an integral part of a Qualifying Facility and (2) the Self-provided Load of the Participating Generator that is served by the Net Scheduling QF either has contracted for and continues through the term of this Agreement to have secured standby service from a UDC or MSS Operator under terms approved by the local regulatory authority or the Federal Energy Regulatory Commission, as applicable, or that the Self-
Specific Warranty. It is hereby warranted that the transport of money to and from the bank is made as follows;
Specific Warranty. Orbitz represents and warrants that (a) it has sufficient rights or license in or to the Network and the Orbitz Software to perform the Services, (b) it will perform the Services in a good and workmanlike manner and in accordance with the Specifications and (c) the number of segments Orbitz must book via the Worldspan Reservation System to achieve the highest inducement level is air segments and Orbitz is obligated to pay Minimum Segment Fees if Orbitz fails to book 16,000,000 total air and car segments via the Worldspan Reservation System. Except as provided in Section 5.2.2 hereof, during the term of this Agreement, Orbitz shall maintain the availability of the Network Services for the issuance of Supplier Link Tickets in accordance with the Specifications. In case of breach of the warranty set forth in subsection (b) above, Orbitz will correct or re-perform the defective Services, or refund the fees actually paid to Orbitz for the defective Services. Airline acknowledges and agrees that this Section 13.2 and Section 5.1 set forth its exclusive remedy and Orbitz' exclusive liability for any claim of breach of warranty with respect to the Services. The limitations in the foregoing sentence shall not apply to any failure by Orbitz to perform hereunder that results from the gross negligence or willful misconduct of Orbitz, its officers, employees, representatives, agents, contractors or subcontractors, the breach by Orbitz of its confidentiality obligations pursuant to Section 9 and the indemnities set forth in Section 14 hereof.
Specific Warranty. 10.1 The Sellers shall, jointly and severally, indemnify, defend and hold harmless the Buyer and the Company from and against Loss suffered by the Buyer or the Company as a result of a breach of the Specific Warranty below:
a) Xxx xxxx xxx xxxxxxxx xxxxxxx xx xxx xxx xxxxxxx is attached hereto as Schedule 3.
Specific Warranty. The Participating Generator represents and warrants that: (1) the Net Scheduled Generating Unit listed in Schedule 1 is (a) a Qualifying Facility or is operated as an
Specific Warranty. Orbitz represents arid warrants that it will perform the Services in a good and workmanlike manner, using only qualified personnel, and that the Network will function in all material respects in accordance with the applicable Specifications, and will be free from material defects in design, materials, and workmanship. In case of a breach of warranty, Orbitz will correct or re-perform the defective Services or correct the Network or, at Orbitz' discretion, refund the fees actually paid to Orbitz for the defective Services or the Network. Airline acknowledges and agrees that this Section and Section 5.1 set forth its exclusive remedy and Orbitz' exclusive liability for any claim of breach of warranty with respect to Section 13.2.