STANDARD OF CARE AND WARRANTY Sample Clauses

STANDARD OF CARE AND WARRANTY. A. CONSULTANT warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. SAMPLE
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STANDARD OF CARE AND WARRANTY. The CONSULTANT warrants that its services will be performed in accordance with generally accepted standards in the industry and those imposed under Oklahoma Law. For two (2) years thereafter, if the services provided hereunder do not conform to the warranty above stated and the same is reported to the CONSULTANT by the TRUST in writing promptly after recognition thereof, the CONSULTANT shall, at no cost to the TRUST, furnish all remedial engineering, design or consulting services required in connection therewith as soon as reasonably possible after receipt of such report from the TRUST; and CONSULTANT shall be responsible for any costs related to the repair, replacement, addition, or deletion of materials, equipment, or facilities to bring said breach or deficiency to the generally accepted standards in the industry after completion of the services. The CONSULTANT’S warranties shall not apply to any defect which results from: ordinary wear and tear, mis-operation, corrosion or erosion, noise levels, operating conditions more severe than those contemplated in the original design, or a defect in a process or mechanical design or equipment furnished or specified by the TRUST or others. All representations, warranties and guarantees made by the CONSULTANT in connection with its services are limited to those set forth in this paragraph.
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STANDARD OF CARE AND WARRANTY. A. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. Example Contract
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STANDARD OF CARE AND WARRANTY. Each party shall perform its obligations hereunder honestly and in good faith, exercising reasonable skill, care and diligence, in accordance with recognized professional and industry standards, in a timely manner, in accordance with the terms and conditions of this Agreement and in full compliance of all applicable laws. Blindside warrants that it (i) has taken and will take commercially reasonable measures designed to ensure that the Services do not contain any viruses, malicious code or undisclosed features capable of deleting, disabling, deactivating, interfering with or otherwise harming Your data; (ii) owns (or has the authority by license to) all right, title and interest in the Services, sufficient to fulfill Blindside’s obligations under this Agreement; and (iii) possesses the knowledge, skill and experience necessary for the provision and completion of the Services, in accordance with the terms of this Agreement. Blindside will not knowingly infringe upon any existing intellectual property rights of third parties in its performance of this Agreement; however, Blindside makes no warranty of noninfringement. EXCEPT AS EXPRESSLY PROVIDED ABOVE, BLINDSIDE DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE FREE FROM ANY DISABLING CODE; (C) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED; (D) THE SERVICES WILL BE ERRORFREE; (E) YOU WILL ENJOY USE OF THE SERVICES WITHOUT INTERFERENCE; (F) ERRORS OR OTHER DEFECTS IN THE SERVICES WILL BE CORRECTED OR WILL BE CORRECTED WITHIN A SPECIFIC PERIOD OF TIME; OR (G) UNAUTHORIZED THIRD PARTIES WILL BE RESTRICTED FROM ACCESSING OR INTERFERING WITH DATA SENT OR RECEIVED USING THE SERVICES. BLINDSIDE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. AGAIN, EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND ACCURACY OF THE SERVICES IS BORNE BY YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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STANDARD OF CARE AND WARRANTY. For all work performed under this Agreement for the Project, Developer shall use commercially reasonable efforts to ensure that such work, including but not limited to design, construction, and inspection work, is performed in an acceptable workmanlike and professional manner, consistent with the professional delivery of such services by qualified contractors in the industry, and consistent with all applicable local, state, and federal laws and regulations. Furthermore, Developer shall ensure that all such work contains a warranty period for one (1) year following the completion of the Project to cover all costs of repair or replacement for the Project within such warranty period.
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STANDARD OF CARE AND WARRANTY. Services performed by BAI under this AGREEMENT will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same geographical area. No warranty, expressed or implied, is made. BAI's interpretations and recommendations will be based on the results of test borings, surveys or other investigative services. The CLIENT recognizes that subsurface conditions elsewhere in the project area may differ from those at the exploration locations, and that conditions may change over time. BAI will not be responsible for the interpretation or use by others of data obtained by XXX. JOB SITE: CLIENT agrees that in accordance with generally accepted construction practices, CLIENT (or construction contractor) will be required to assume sole and complete responsibility for job site conditions during the course of the project, including safety to persons and property. This requirement shall be made to apply continuously and not be limited to normal working hours. BAI will provide appropriate health and safety protection for work carried out by BAI personnel.
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STANDARD OF CARE AND WARRANTY 
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Related to STANDARD OF CARE AND WARRANTY

  • LICENSEE’S REPRESENTATIONS AND WARRANTIES LICENSEE represents and warrants that:

  • REPRESENTATIONS AND WARRANTY 8.1 You represent and warrant that you and the Representative, will perform all activities relating to the Service:

  • Representation and Warranty The Executive hereby acknowledges and represents that he has had the opportunity to consult with legal counsel regarding his rights and obligations under this Agreement and that he fully understands the terms and conditions contained herein. Executive represents and warrants that Executive has provided the Company a true and correct copy of any agreements that purport: (a) to limit Executive’s right to be employed by the Company; (b) to prohibit Executive from engaging in any activities on behalf of the Company; or (c) to restrict Executive’s right to use or disclose any information while employed by the Company. Executive further represents and warrants that Executive will not use on the Company’s behalf any information, materials, data or documents belonging to a third party that are not generally available to the public, unless Executive has obtained written authorization to do so from the third party and provided such authorization to the Company. In the course of Executive’s employment with the Company, Executive is not to breach any obligation of confidentiality that Executive has with third parties, and Executive agrees to fulfill all such obligations during Executive’s employment with the Company. Executive further agrees not to disclose to the Company or use while working for the Company any trade secrets belonging to a third party.

  • Contractor Representations and Warranties Contractor makes each of the following representations and warranties as of the effective date of this Master Contract and at the time any order is placed pursuant to this Master Contract. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach.

  • Client’s Representations and Warranties Client hereby represents and warrants to Adviser that: (i) Client has the requisite legal capacity and authority to execute, deliver and to perform its obligations under this Agreement; (ii) this Agreement has been duly authorized, executed and delivered by Client and is the legal, valid and binding agreement of Client, enforceable against Client in accordance with its terms; (iii) Client’s execution of this Agreement and the performance of its obligations hereunder do not conflict with or violate any provisions of the governing documents of Client or any obligations by which Client is bound, whether arising by contract, operation of law or otherwise; (iv) Client will deliver to Adviser evidence of Client’s authority in compliance with such governing documents upon Adviser’s request; and (v) the Client is the owner of all cash, Investments and other assets in the Account, and there are no restrictions on the pledge, hypothecation, transfer, sale or public distribution of such cash, securities or assets.

  • Customer Representations and Warranties Customer represents and warrants that it:

  • Manufacturer’s Warranty The Goods include the manufacturer’s standard limited parts warranty to replace defective parts covered under such warranty exclusive of labor. Labor is warranted by the Elevator Contractor for 90 days following installation. The manufacturer’s parts warranty may require that the Goods be maintained throughout the warranty period by an authorized manufacturer’s representative under a separate maintenance contract. Any warranty is conditioned on written notice to the Elevator Contractor within warranty period and contingent upon receipt of final payment to Elevator Contractor.

  • Warranty Grantee warrants that all work under this Grant Agreement shall be completed in a manner consistent with standards under the terms of this Grant Agreement, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Grant Agreement; and all deliverables shall be fit for ordinary use, of good quality, and with no material defects. If System Agency, in its sole discretion, determines Grantee has failed to complete work timely or to perform satisfactorily under conditions required by this Grant Agreement, the System Agency may require Grantee, at its sole expense, to:

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