System Defect Sample Clauses

System Defect. 3.1 If there is any functional defect or operation interface defect in part after the System has been checked and accepted by Party A, Party A shall inform Party B in writing. Party B shall respond within 24 hours after accepting the notice, and exclude the impediment unconditionally through amending, upgrading or correcting the program within the period confirmed by both parties at party B’s own expenses. Party B shall be responsible for the damages of Party A thus caused.
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System Defect. Notwithstanding any conflicting terms of this Section 10, and without limiting the rights of the AOC under Section 9.3, Section 9.4, and Section 9.5, the AOC shall have the right to withhold payment with respect to any Project (or otherwise) based on any activities performed by Contractor that materially degrades the performance or renders unusable the ERP System by the AOC or one or more Courts in each case as determined by the AOC (“System Defect”). The AOC’s right to exercise the foregoing shall continue until (i) such System Defect has been remedied by Contractor and/or (ii) the AOC’s Acceptance of the relevant Services or Deliverables performed which gave rise to such System Defect.
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System Defect. 3.1 If the functions set out in Article 2 fail to fully materialize, Party A may refuse to inspect and accept the System. Party B shall be liable for any loss or liability arising from such failure and shall compensate for all the direct losses, if any, suffered by Party A. If as a result, this Agreement becomes impossible or unnecessary to perform, Party A may terminate this Agreement and reserve the right to claim full compensation for its losses from Party B.
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Related to System Defect

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • 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.

  • Correction of Errors Contractor shall perform, at its own cost and expense and without reimbursement from the District, any work necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care required herein.

  • REMEDY OF DEFECTS (a) The BUILDER shall remedy, at its expense, any Defect against which the VESSEL is guaranteed under this Article, by making all necessary repairs or replacements at the Shipyard.

  • 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.

  • Compatibility 1. Any unresolved issue arising from a mutual agreement procedure case otherwise within the scope of the arbitration process provided for in this Article and Articles 25A to 25G shall not be submitted to arbitration if the issue falls within the scope of a case with respect to which an arbitration panel or similar body has previously been set up in accordance with a bilateral or multilateral convention that provides for mandatory binding arbitration of unresolved issues arising from a mutual agreement procedure case.

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Quality Specifications SANMINA-SCI shall comply with the quality specifications set forth in its Quality Manual, incorporated by reference herein, a copy of which is available from SANMINA-SCI upon request.

  • Quality of Work Consultant agrees that all Services performed under this Agreement will conform to the specifications of the College, be free from errors, and be of professional quality according to applicable industry standards. Upon notice by the College, Consultant will promptly correct any defects without charge to the College unless the request is considered new work by both parties.

  • Supplier Selection If Customer selects a seat or galley supplier that is not on the Boeing recommended list, such seat or galley will become BFE and the provisions of Exhibit A, Buyer Furnished Equipment Provisions Document, of the AGTA will apply.

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