To secure the Buyer’s claims against the Seller Sample Clauses

To secure the Buyer’s claims against the Seller from this Agreement due to legal and/or material defects, for which the Seller is held liable pursuant to this Agreement, or due to stipulations under Sec. 3.7 through to 3.11, the Buyer is entitled to retain an amount of EUR 61,000.00 from the purchase price. If within a period of 12 months, starting with the transfer of possession of the Object of Purchase, such a material and/or legal defect of the Object of Purchase appears or a claim arises from the provisions of Sec. 3.7 through to 3.11, and/or if several of the defects listed in Annex 5.2 have not been removed within 6 months, the Buyer is entitled to use the amount that is required to secure a due payment claim (e.g., advance payment for substitute performance) or to fulfil a claim due under Sec. 3.7 through to 3.11 out of the retention provided for in this Purchase Agreement and (if required) also the other Purchase Agreements (Sec. 4.5 of Annexes A1, A3 and A4 to the Framework Deed) (“General Retention”). If the secured event occurs, the Seller is obliged to give its consent to payment at the request of the Buyer. If the billing for the relevant defect(s) exceeds the aforementioned 12-month period, the Buyer is entitled to retain the amount that will probably be required to remove the defect(s) until complete removal of the defect and the billing of the costs of removal and until settlement of the bills for the relevant removal of defect(s). Upon expiry of the mentioned 12-month period or the extended period, the Buyer shall pay the unused portion of the amount to the Seller. Insofar as the material or legal defect cannot be removed, the Buyer is entitled to retain the amount by which the defect reduces the value of the Object of Purchase from the General Retention for good. At the request of the relevant other Party, each Party is obliged to immediately also make the declarations of consent that are required under this provision towards the Bank, in the form necessary for payout and to repeat such declarations if necessary.
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To secure the Buyer’s claims against the Seller from this Agreement due to legal and/or material defects, for which the Seller is held liable pursuant to this Agreement, or due to stipulations under Sec. 3.8 through to 3.12, the Buyer is entitled to retain an amount of EUR 87,000.00 from the purchase price. If within a period of 12 months, starting with the latest transfer of possession of the Object of Purchase, such a material and/or
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Related to To secure the Buyer’s claims against the Seller

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  • Preferential Collection of Claims Against the Company The Trustee shall comply with Section 311(a) of the Trust Indenture Act, excluding any creditor relationship described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent included therein.

  • Pursuit of Claims Against Third Parties If (i) a Party incurs any Liability arising out of this Agreement or any Ancillary Agreement; (ii) an adequate legal or equitable remedy is not available for any reason against the other Party to satisfy the Liability incurred by the incurring Party; and (iii) a legal or equitable remedy may be available to the other Party against a Third Party for such Liability, then the other Party shall use its commercially reasonable efforts to cooperate with the incurring Party, at the incurring Party’s expense, to permit the incurring Party to obtain the benefits of such legal or equitable remedy against the Third Party.

  • Preferential Collection of Claims Against the Issuers The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

  • Preferential Collection of Claims Against the Issuer The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

  • Preferential Collection of Claims Against Company The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.

  • Preferential Collection of Claims Against Issuers The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

  • Complaints Against Teachers Communication between the Community and the School ideally should be such that most complaints may be resolved through personal conferences at the School level. Various avenues of contact between teacher, pupil, parent, principal and other appropriate staff personnel should be pursued before using the formal procedures outlined below. The following process shall not be used when allegations involve legal or criminal violations or allegations of misconduct towards a student, such as abuse or discrimination. Such allegations shall be investigated in accordance with board policy and in conjunction with the authorities, consistent with principles of due process. 1. The Complainant shall be given a copy of this Part II, Section J and be told that there are contractual requirements for the District to follow. 2. If such conferences do not lead to understanding and resolution of problems involved, a parent may pursue further action by submitting a complaint against a teacher, which must be submitted in writing to the principal of the school. The principal shall give a copy to the teacher. Likewise, the teacher may request in writing to the principal that such a written complaint must be filed or the matter shall be considered closed. The principal shall give a copy to the parent. 3. After a written complaint is filed, if requested by the complainant or the teacher, a meeting involving the teacher, the principal, and the complainant will be arranged as soon as possible to discuss the complaint. 4. If it is not resolved at that level to the satisfaction of the Complainant, the Complainant may appeal to the Superintendent. 5. If it is still unresolved to the satisfaction of the Complainant, the Complainant may appeal to the Board of Education.

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