System guarantees Sample Clauses

System guarantees. 11.1 Subject to clause 11.2, we guarantee: (a) our workmanship, and the workmanship of our contractors, in installing the System; and (b) the operation and performance of the System, will be free from fault or defect for a period of 5 years commencing on the date the System is installed (Guarantee Period), and we will repair any such default or defect notified to us within the Guarantee Period, including by replacing all or part of the System where necessary, within a reasonable timeframe at no cost to you. 11.2 The guarantee in clause 11.1 will not apply where: (a) the fault or defect is not notified to us within the Guarantee Period; or (b) the fault or defect is a result of: (i) something done by you or someone else, and not us or our contractors; or (ii) something beyond human control that occurred after installation, e.g., an extreme weather event; (iii) the System being misused, abused, neglected or damaged after installation; (iv) the System being maintained other than in accordance with the Maintenance Documents; or (v) the System being repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by us in writing. 11.3 The guarantee in clause 11.1 is additional to any other guarantee or warranty you may have: (a) from the manufacturer of the System; or (b) under any applicable law, including the Australian Consumer Law, although these other guarantees and warranties may not cover labour costs, travel costs and delivery costs arising from a claim under these other guarantees and warranties. We will notify you if this is the case, and tell you the costs payable. The costs will be payable in advance. 11.4 During the Guarantee Period, we will provide reasonable assistance to you in making any guarantee or warranty claim against the manufacturer of the System, including by acting as your liaison with the manufacturer.
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System guarantees. 11.1 Subject to clause 11.2, we guarantee: (a) our workmanship, and the workmanship of our contractors, in installing the System; and (b) the operation and performance of the System, (c) will be free from fault or defect for a period of 10 years commencing on the date the System is installed (Guarantee Period), and we will repair any such default or defect notified to us within the Guarantee Period, including by replacing all or part of the System where necessary, within a reasonable timeframe at no cost to you. 11.2 The guarantee in clause 11.1 will not apply where: (a) the fault or defect is not notified to us within the Guarantee Period; or (b) the fault or defect is a result of: (i) something done by you or someone else, and not us or our contractors; or (ii) something beyond human control that occurred after installation, e.g., an extreme weather event; (iii) the System being misused, abused, neglected or damaged after installation; or (iv) the System being maintained other than in accordance with the Maintenance Documents; or (v) the System being repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by us in writing. 11.3 The guarantee in clause 11.1 is additional to any other guarantee or warranty you may have: (a) from the manufacturer of the System; or (b) under any applicable law, including the Australian Consumer Law, although these other guarantees and warranties may not cover labour costs, travel costs and delivery costs arising from a claim under these other guarantees and warranties. We will notify you if this is the case, and tell you the costs payable. The costs will be payable in advance. 11.4 During the Guarantee Period, we will provide reasonable assistance to you in making any guarantee or warranty claim against the manufacturer of the System, including by acting as your liaison with the manufacturer.
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System guarantees. 11.1 Subject to clause 11.2, we guarantee: (a) our workmanship, and the workmanship of our contractors and employees, in installing the System; and (b) the operation and performance of the System, will be free from fault or defect for a period of 5 years commencing on the date the System is installed (Warranty Period) or in accordance with manufacturers warranty, and we will repair any such default or defect notified to us within the Warranty Period, including by replacing, repairing or rectifying whichever parts of the system deemed necessary, in a reasonable timeframe at no cost to you. 11.2 The guarantee in clause 11.1 will not apply where: (a) the fault or defect is not notified to us within the Warranty Period; or (b) the fault or defect is a result of: (i) something done by you or someone else, and not us or our contractors or employees; or (ii) something beyond human control that occurred after installation, e.g., an extreme weather event; (iii) the System being misused, abused, neglected or damaged after installation; (iv) the System being maintained other than in accordance with the Maintenance Documents; or (v) the System being repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by us in writing. 11.3 The guarantee in clause 11.1 is additional to any other guarantee or warranty you may have: (a) from the manufacturer of the System; or (b) under any applicable law, including the Australian Consumer Law, although these other guarantees and warranties may not cover labour costs, travel costs and delivery costs arising from a claim under these other guarantees and warranties. We will notify you if these apply, and tell you the costs payable. The costs will be payable in advance. 11.4 During the Warranty Period, we will provide reasonable assistance to you in making any guarantee or warranty claim against the manufacturer of the System, including by acting as your liaison with the manufacturer.
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System guarantees. 11.1 Subject to clause 11.2, we guarantee: (a) our workmanship, and the workmanship of our contractors, in installing the System; and (b) the operation and performance of the System, 1. will be free from fault or defect for a period of 5 years commencing on the date the System is installed (Guarantee Period), and we will repair any such default or defect notified to us within the Guarantee Period, including by replacing all or part of the System where necessary, within a reasonable timeframe at no cost to you. 11.2 The guarantee in clause 11.1 will not apply where: (a) the fault or defect is not notified to us within the Guarantee Period; or (b) the fault or defect is a result of: (i) something done by you or someone else, and not us or our contractors; or (ii) something beyond human control that occurred after installation, e.g., an extreme weather event; (iii) the System being misused, abused, neglected or damaged after installation; (iv) the System being maintained other than in accordance with the Maintenance Documents; or (v) the System being repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by us in writing. 11.3 The guarantee in clause 11.1 is additional to any other guarantee or warranty you may have: (a) from the manufacturer of the System; or (b) under any applicable law, including the Australian Consumer Law,
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System guarantees. 11.1 Subject to clause 11.2, we guarantee: The Solar Power Co. 000 Xxxxxxxx Xxxxxx North Melbourne, VIC 3051 Tel. 0000 000 000 ABN 89 614 302 966 ACN 614 302 966 (a) our workmanship, and the workmanship of our contractors, in installing the System; and
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System guarantees. 11.1 Subject to clause The guarantee in clause Subject to clause The guarantee in clause Subject to clause 11.2, we guarantee: will not apply where:, we guarantee: will not apply where:, we guarantee: (11.1. a) our workmanship, and the workmanship of our contractors, in installing the System; and
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System guarantees. I. We guarantee: i. Our workmanship, and the workmanship of Our contractors, in installing the System. ii. That the operation and performance of the System, will be free from fault or defect for a period of 5 years commencing on the date the System is installed (“Guarantee Period”). We will repair any such default or defect notified to Us within the Guarantee Period, including by replacing all or part of the System where necessary, within a reasonable timeframe at no cost to You. II. This guarantee shall not apply when: i. The fault or defect is not notified to Us within the Guarantee Period. ii. The fault or defect is a result of: • Something done by You or someone else, and not Us or our contractors. • Something beyond human control that occurred after installation, e.g., an extreme weather event. • System misuse, abuse, neglect or damage occurring after installation. • The System being maintained other than in accordance with the Solar Owner’s Manual. • The System being repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by Us in writing.
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System guarantees. The Seller and the Purchaser will cooperate and use their respective commercially reasonable efforts to obtain from the respective beneficiary, in form and substance reasonably satisfactory to the Seller, on or before the Closing, valid and binding written releases of the Xxxxxxxxxx Entities, as applicable, from any Liability, whether arising before, on or after the Closing Date, under any System Guarantees in respect of obligations of the System listed on Schedule 7.14 (which the Seller will be permitted to update from time to time prior to the Closing) (each a “Scheduled Guarantee”) in effect as of the Closing, which will be effective as of the Closing, including, as applicable, by providing substitute guarantees, furnishing letters of credit, instituting escrow agreements, posting surety or performance bonds or making other arrangements as the counterparty may reasonably request. If any Scheduled Guarantee has not been released as of the Closing Date, then the Seller and the Purchaser will use their respective commercially reasonable efforts after the Closing to cause each such unreleased Scheduled Guarantee to be released promptly. Notwithstanding anything to the contrary herein, the Parties acknowledge and agree that at any time on or after the Closing Date, the Seller may, in its sole discretion, take any action to terminate, obtain release of or otherwise limit their Liability under any and all outstanding System Guarantees. The Purchaser will indemnify and hold harmless the Seller and its Affiliates from and after the Closing for any amounts required to be paid under any Scheduled Guarantee for which the Seller has not been released of any Liability pursuant to this Section 7.14.
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Related to System guarantees

  • Subsidiary Guarantees Subject to Section 1301, each Subsidiary Guarantor hereby, jointly and severally, fully and unconditionally guarantees to each Holder of a Security authenticated and delivered by the Trustee, the due and punctual payment of the principal of (and premium, if any) and interest on such Security when and as the same shall become due and payable, whether at the Stated Maturity, by acceleration, call for redemption, offer to purchase or otherwise, in accordance with the terms of such Security and of this Indenture, and each Subsidiary Guarantor similarly guarantees to the Trustee the payment of all amounts owing to the Trustee in accordance with the terms of this Indenture. In case of the failure of the Company punctually to make any such payment, each Subsidiary Guarantor hereby, jointly and severally, agrees to cause such payment to be made punctually when and as the same shall become due and payable, whether at the Stated Maturity or by acceleration, call for redemption, offer to purchase or otherwise, and as if such payment were made by the Company. Each of the Subsidiary Guarantors hereby jointly and severally agrees that its obligations hereunder shall be absolute, unconditional, irrespective of, and shall be unaffected by, the validity, regularity or enforceability of such Security or this Indenture, the absence of any action to enforce the same or any release, amendment, waiver or indulgence granted to the Company or any other guarantor or any consent to departure from any requirement of any other guarantee of all or any of the Securities of such series or any other circumstances which might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor; provided, however, that, notwithstanding the foregoing, no such release, amendment, waiver or indulgence shall, without the consent of such Subsidiary Guarantor, increase the principal amount of such Security, or increase the interest rate thereon, or alter the Stated Maturity thereof. Each of the Subsidiary Guarantors hereby waives the benefits of diligence, presentment, demand for payment, any requirement that the Trustee or any of the Holders protect, secure, perfect or insure any security interest in or other lien on any property subject thereto or exhaust any right or take any action against the Company or any other Person or any collateral, filing of claims with a court in the event of insolvency or bankruptcy of the Company, any right to require a proceeding first against the Company, protest or notice with respect to such Security or the indebtedness evidenced thereby and all demands whatsoever, and covenants that this Subsidiary Guarantee will not be discharged in respect of such Security except by complete performance of the obligations contained in such Security and in such Subsidiary Guarantee. Each Subsidiary Guarantor agrees that if, after the occurrence and during the continuance of an Event of Default, the Trustee or any of the Holders are prevented by applicable law from exercising their respective rights to accelerate the maturity of the Securities of a series, to collect interest on the Securities of a series, or to enforce or exercise any other right or remedy with respect to the Securities of a series, such Subsidiary Guarantor agrees to pay to the Trustee for the account of the Holders, upon demand therefor, the amount that would otherwise have been due and payable had such rights and remedies been permitted to be exercised by the Trustee or any of the Holders. Each Subsidiary Guarantor shall be subrogated to all rights of the Holders of the Securities upon which its Subsidiary Guarantee is endorsed against the Company in respect of any amounts paid by such Subsidiary Guarantor on account of such Security pursuant to the provisions of its Subsidiary Guarantee or this Indenture; provided, however, that no Subsidiary Guarantor shall be entitled to enforce or to receive any payments arising out of, or based upon, such right of subrogation until the principal of (and premium, if any) and interest on all Securities of the relevant series issued hereunder shall have been paid in full. Each Subsidiary Guarantor that makes or is required to make any payment in respect of its Subsidiary Guarantee shall be entitled to seek contribution from the other Subsidiary Guarantors to the extent permitted by applicable law; provided, however, that no Subsidiary Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of contribution until the principal of (and premium, if any) and interest on all Securities of the relevant series issued hereunder shall have been paid in full. Each Subsidiary Guarantee shall remain in full force and effect and continue to be effective should any petition be filed by or against the Company for liquidation or reorganization, should the Company become insolvent or make an assignment for the benefit of creditors or should a receiver or trustee be appointed for all or any part of the Company’s assets, and shall, to the fullest extent permitted by law, continue to be effective or be reinstated, as the case may be, if at any time payment and performance of the Securities of a series, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any Holder of the Securities, whether as a “voidable preference,” “fraudulent transfer,” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Securities shall, to the fullest extent permitted by law, be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.

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