SYSTEM PERFORMANCE WARRANTY Sample Clauses

SYSTEM PERFORMANCE WARRANTY. A. For a period of 2 years, commencing from the date of Final Completion of the general construction contract, the SUPPLIER shall warrant that the membrane equipment and ancillary systems when operated within conditions specified in the Technical Specifications and PER will meet the Performance Criteria as specified in Section 46 61 54 – Pressurized Membrane System and as listed below.
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SYSTEM PERFORMANCE WARRANTY. CONTRACTOR represents, warrants, covenants, and agrees that, throughout the term of the Agreement, the System shall meet the System performance Requirements specified as follows:
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SYSTEM PERFORMANCE WARRANTY. Seller represents and warrants that during the Warranty Period, the Deliverables shall operate at a level of Substantial Functionality as defined in the Proposal if the System is properly operated, maintained, and used as defined in Seller’s Proposal, final documentation, and maintenance instructions. The foregoing warranty is subject to the following conditions: (i) all Deliverables are installed, and implemented by Seller or the applicable vendor; (ii) Buyer notifies Seller of any defect within ten (10) calendar days after the appearance thereof and provides supporting data according to Seller’s standard “trouble report” procedures; (iii) Buyer has properly installed and paid all applicable fees for all updates made available with respect to Deliverables and any updates recommended by Seller with respect to any other equipment or software that materially affects the performance of the Deliverable; (iv) Buyer has properly installed, maintained and operated all associated equipment, software and has maintained all environmental conditions in accordance with applicable specifications and industry standards; (v) Buyer has not introduced other equipment or software, or made changes to the system, that create an adverse impact on the Deliverables; (vi) Buyer has paid all amounts due hereunder and is not in default of any provision of this Agreement; (vii) any functional or technical design of the system provided by or approved by Buyer is an accurate and complete rendering of the system, applicable interfaces and associated operating environment, and (viii) Buyer has made no changes (nor permitted any changes to be made other than by or with the express approval of Seller) to the System or to the source code of any Deliverable. ANY UNAUTHORIZED CHANGES TO THE SYSTEM OR TO THE SOURCE CODE OF ANY DELIVERABLE WILL VOID THE WARRANTY PROVIDED UNDER THIS SUBSECTION.
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Related to SYSTEM PERFORMANCE WARRANTY

  • Performance Warranty Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Performance Requirements 1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct or operation of an investment of an investor of a Party or of a non-Party in its territory:

  • Service Levels All service level requirements will be set forth in Exhibit A (“XXXX.xxx Referral Service Level Requirements”). Recipient Xxxxxx agrees to adhere, and encourage Recipient Agent’s adherence, with the version of the XXXX.xxx Referral Service Level Requirements in effect at the time XXXX.xxx identifies the Referral to Recipient Broker/Agent.

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