Warranty Breach Sample Clauses

Warranty Breach. Customer’s sole and exclusive remedy for SilkRoad’s breach of an express warranty relating to the functionality of the Hosted Service shall be that SilkRoad shall be required to use commercially reasonable efforts to modify the Hosted Service to achieve in all material respects the functionality described in the Documentation and if SilkRoad is unable to restore such functionality, Customer shall be entitled to terminate the Agreement and receive a prorated refund of any prepaid subscription fees for the remaining terminated portion of the Term. SilkRoad shall have no obligation with respect to such a warranty claim unless notified of such claim within six months of the first instance of any material functionality problem.
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Warranty Breach the Investors consider based on advice from an independent firm of solicitors that they have reasonable grounds upon which to base a claim for a material breach of the Warranties; or
Warranty Breach. 1. Party A will notify Party B according to the notification method in the warranty agreement from Party B if there is an engineering quality issue. Party A has the right to use the services of another if Party B does not answer or does not send a service person to make the repair after Party B has been notified.
Warranty Breach. Subject to Sections 6(d), (e), (f) and (g) hereof, in the event of any Breach by TechniScan of the warranties specified in Section 6(b) above, Womens3D’s sole and exclusive remedy and TechniScan’s entire liability, will be for TechniScan to: (i) in respect of a Breach of Section 6(b) relating to hardware, at Womens3D’s discretion, repair and/or replace such hardware component of the Product in question within a reasonable time (save that if Womens3D seeks repair or replacement of Products under this Section 6(c)(i) but TechniScan no longer manufactures that Product, TechniScan shall be entitled to replace the Products with products of equivalent standard, quality and functionality in TechniScan’s reasonable opinion or (at its discretion) refund to the customer, or if Womens3D requests, to Womens3D the applicable then current market price for such equivalent replacement; (ii) in respect of a Breach of Section 6(b) relating to TechniScan Software, at TechniScan’s discretion, correct any errors with the TechniScan Software within a reasonable time or, replace the Product or refund the applicable then current market price for the Product(s) in question to Womens3D, provided always that such error is reproducible and is not due to Womens3D’s or its Customer’s incorrect use of the TechniScan Software or other Software.
Warranty Breach. Where you believe you have a valid claim against us in respect of a breach of warranty described in clauses 8.1 or 8.2, you shall notify us in writing, including full particulars of the alleged breach (Warranty Claim Notice).
Warranty Breach 

Related to Warranty Breach

  • Seller’s Breach Upon discovery by a Responsible Officer of the Master Servicer, the Securities Administrator or the Trustee or notice to the Master Servicer, the Securities Administrator or the Trustee of any defective or missing document (as described in the related Sale Agreement) in a Trustee Mortgage Loan File, or of any breach by any Seller of any representation, warranty or covenant under the related Sale Agreement, which defect or breach materially and adversely affects the value of any Mortgage Loan or the interest of the Trust therein (it being understood that any such defect or breach shall be deemed to have materially and adversely affected the value of the related Mortgage Loan or the interest of the Trust therein if the Trust incurs a loss as a result of such defect or breach),the parties discovering or receiving notice of such defect or breach shall notify the Securities Administrator. Upon discovering or receipt of notice of such breach, the Securities Administrator shall promptly request that such Seller cure such breach and, if such Seller does not cure such defect or breach in all material respects by the end of the cure period specified in such Sale Agreement and any extension of the cure period granted as permitted by such Sale Agreement, shall enforce such Seller’s obligation under such Sale Agreement to purchase such Mortgage Loan from the Trustee. In the event any Servicer has breached a representation or warranty under the related Servicing Agreement that is substantially identical to a representation or warranty breached by a Seller, the Securities Administrator shall first proceed against such Servicer. If such Servicer does not within 60 days (or such other period provided in the related Servicing Agreement) after notification of the breach, either take steps to cure such breach (which may be evidenced by a certificate asking for an extension of time in which to effectuate a cure) or complete the purchase of the Mortgage Loan, then (i) the Securities Administrator, shall enforce the obligations of the Seller under the related Sale Agreement to cure such breach or to purchase the Mortgage Loan from the Trust, and (ii) such Seller shall succeed to the rights of the Securities Administrator to enforce the obligations of the Servicer to cure such breach or repurchase such Mortgage Loan under the Servicing Agreement with respect to such Mortgage Loan. Notwithstanding the foregoing, however, if any breach of a representation or warranty by the Servicer or of a Seller is a Qualification Defect, a cure or purchase must take place within 75 days of the Defect Discovery Date.

  • Breach A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

  • Default; Breach A “Default” is defined as a failure by the Lessee to comply with or perform any of the terms, covenants, conditions or Rules and Regulations under this Lease. A “Breach” is defined as the occurrence of one or more of the following Defaults, and the failure of Lessee to cure such Default within any applicable grace period:

  • Covenant Breaches The Borrower, any Guarantor or any of their respective Subsidiaries shall fail to (i) perform or observe any covenant contained in Section 5.02(a), Section 5.03, Section 5.06(e), Section 5.09, Section 5.12, or Article VI of this Agreement or (ii) fail to perform or observe any other term or covenant set forth in this Agreement or in any other Loan Document which is not covered by clause (i) above or any other provision of this Section 7.01 if such failure shall remain unremedied for 30 days after the occurrence of such breach or failure;

  • Breach of Representation or Warranty Any representation or warranty made or deemed made by Borrower to Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

  • No Conflict, Breach, Violation or Default The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Securities will not conflict with or result in a breach or violation of any of the terms and provisions of, or constitute a default under (i) the Company’s Articles of Incorporation or the Company’s Bylaws, both as in effect on the date hereof (true and complete copies of which have been made available to the Investor through the XXXXX system), or (ii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Subsidiary or any of their respective assets or properties, or (b) any agreement or instrument to which the Company or any Subsidiary is a party or by which the Company or a Subsidiary is bound or to which any of their respective assets or properties is subject.

  • Breach of Warranty Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

  • Company Breach Any other material breach by the Company of any material provision of this Agreement.

  • No Misrepresentation or Breach of Covenants and Warranties There shall have been no material breach by Buyer in the performance of any of its covenants and agreements herein; each of the representations and warranties of Buyer contained or referred to in this Agreement shall be true and correct on the Closing Date as though made on the Closing Date, except for changes therein specifically permitted by this Agreement or resulting from any transaction expressly consented to in writing by Seller or any transaction contemplated by this Agreement; and there shall have been delivered to Seller a certificate to such effect, dated the Closing Date and signed on behalf of Buyer by an authorized officer of Buyer.

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