Vendor Warranties. Except as otherwise expressly provided in Section 18, the warranties of the Vendor pursuant to Section 18 shall be deemed to apply to all Work performed by any Subcontractor as though the Vendor had itself performed such Work and to all Products supplied by any third-party vendor or other subcontractor as though the Vendor itself had supplied such Products. Except as otherwise specifically provided in Section 18, the parties agree that such warranties shall not be enforceable merely on a "pass-through" basis but that Owner may, but shall not be obligated to, enforce such warranties of any Subcontractor to the extent that the Owner determines that the Vendor is not paying and/or performing its warranties; provided that any such election by the Owner shall not relieve the Vendor from any obligations or liability with respect to any such warranty.
Appears in 3 contracts
Samples: System Equipment Purchase Agreement (Leap Wireless International Inc), Memorandum of Agreement (Leap Wireless International Inc), Memorandum of Agreement (Leap Wireless International Inc)
Vendor Warranties. Except as otherwise expressly provided in ----------------- Section 18, the warranties of the Vendor pursuant to Section 18 shall be deemed to apply to all Work performed by any Subcontractor as though the Vendor had itself performed such Work and to all Products supplied by any third-party vendor or other subcontractor as though the Vendor itself had supplied such Products. Except as otherwise specifically provided in Section 18, the parties agree that such warranties shall not be enforceable merely on a "pass-through" basis but that Owner may, but shall not be obligated to, enforce such warranties of any Subcontractor to the extent that the Owner determines that the Vendor is not paying and/or performing its warranties; provided that any such election by the Owner shall -------- ---- not relieve the Vendor from any obligations or liability with respect to any such warranty.
Appears in 1 contract
Samples: Purchase Agreement (Leap Wireless International Inc)
Vendor Warranties. Except as otherwise expressly provided in Section 18, the warranties of the Vendor pursuant to Section 18 shall be deemed to apply to all Work performed by any Subcontractor as though the Vendor had itself performed such Work and to all Products supplied by any third-party vendor or other subcontractor as though the Vendor itself had supplied such Products. Except as otherwise specifically provided in Section 18, the parties agree that such warranties shall not be enforceable merely on a "pass-through" basis but that Owner may, but shall not be obligated to, enforce such warranties of any Subcontractor to the extent that the Owner determines that the Vendor is not paying and/or performing its warranties; provided that any such election by the Owner shall not relieve the Vendor from any obligations or liability with respect to any such warranty.
Appears in 1 contract
Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)
Vendor Warranties. Except as otherwise expressly provided in ----------------- Section 18, the warranties of the Vendor pursuant to Section 18 shall be deemed to apply to all Work performed by any Subcontractor as though the Vendor had itself performed such Work and to all Products supplied by any third-party vendor or other subcontractor as though the Vendor itself had supplied such Products. Except as otherwise specifically provided in Section 18, the parties agree that such warranties shall not be enforceable merely on a "pass-through" basis but that Owner may, but shall not be obligated to, enforce such warranties of any Subcontractor to the extent that the Owner determines that the Vendor is not paying and/or performing its warranties; provided that any such election by -------- ---- the Owner shall not relieve the Vendor from any obligations or liability with respect to any such warranty.
Appears in 1 contract
Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)
Vendor Warranties. Except as otherwise expressly provided in Section 18, ----------------- the warranties of the Vendor pursuant to Section 18 shall be deemed to apply to all Work performed by any Subcontractor as though the Vendor had itself performed such Work and to all Products supplied by any third-party vendor or other subcontractor as though the Vendor itself had supplied such Products. Except as otherwise specifically provided in Section 18, the parties agree that such warranties shall not be enforceable merely on a "pass-through" basis but that Owner may, but shall not be obligated to, enforce such warranties of any Subcontractor to the extent that the Owner determines that the Vendor is not paying and/or performing its warranties; provided that any such election by the -------- ---- Owner shall not relieve the Vendor from any obligations or liability with respect to any such warranty.
Appears in 1 contract
Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)