WARRANTY CLAUSE. 7.3.1. Without prejudice to the application of penalties as provided for in the Functioning Rules, the CAPACITY PROVIDER and XXXX will guarantee each other against any compensation order for damage suffered by a third party resulting from their gross negligence, fraud or willful misconduct in the performance of their obligations under this Contract.
7.3.2. Save for fraud or willful misconduct, the warranty referred to in the previous section may not, under any circumstances, exceed the amount of EUR 5,000,000 per claim and per year.
WARRANTY CLAUSE. Lessor warrants and defends title to the property herein described, and agrees that the Lessee shall have the right, but not the obligation, at any time to redeem for Lessor, by payment, any mortgage, deed of trust, taxes or other liens on the property in the event of default by the Lessor, and be subrogated to the rights of the holder hereof and Lessor agrees that any such payments made by Lessee for the Lessor, including a reasonable interest rate of twelve percent per year, will be deducted from any amounts of money which may become due the Lessor under the terms of this agreement. Lessee does not expressly or implied guarantee or warranty in any manner, quantities or qualities of production, or kinds of xxxxx or flow rates, or the success of any drilling or production.
WARRANTY CLAUSE. The owner of the soil warrants and agrees to defend title to the Leased Premises. If the owner of the soil defaults in payments owed on the Leased Premises, then Lessee may redeem the rights of the owner of the soil in the Leased Premises by paying any mortgage, taxes or other liens on the Leased Premises. If Lessee makes payments on behalf of the owner of the soil under this section, Lessee may recover the cost of these payments from the rental and royalties due the owner of the soil.
WARRANTY CLAUSE. Lessor warrants and defends title to the property herein described, and agrees that the Lessee shall have the right, but not the obligation, at any time to redeem for Lessor, by payment, any mortgage, deed of trust, taxes or other liens on the property in the event of default by the Lessor, and be subrogated to the rights of the holder hereof and Lessor agrees that any such payments made by Lessee for the Lessor, including a reasonable interest rate of twelve percent per year, will be deducted from any amounts of money which may become due the Lessor under the terms of this agreement. Lessee does not expressly or implied guarantee or warranty in any manner, quantities or qualities of production, or kinds of xxxxx or flow rates, or the success of any drilling or production. Lessor affirms that Lessor has owned said premises for many years and that all previous oil & gas leases have either expired, have been forfeited and are hereby declared invalid, and that this lease is the only valid and sustaining lease, without exception. In testimony whereof, witness the signatures of the parties hereto: STATE OF KENTUCKY COUNTY OF _________ I, the undersigned Notary Public in and for the State of Kentucky at Large, do certify that this 3rd day of June, 2010, _____________________________________ known to me to be the same person described in and who executed the forgoing instrument, appeared before me today in person and acknowledged to me that they executed the same as their free and voluntary act and de~ for the uses, purposes expressed herein, including the relinquishment of dower and homestead. My commission expires: 12-19-11 /s/ Xxxxxxxxx Xxxxxx NOTARY PUBLIC This instrument prepared by:
E. P. Heist
WARRANTY CLAUSE. The owner of the soil warrants and agrees to defend title to the lease premises. If the owner of the soil defaults in payments owed on the leased premises, then LESSEE may redeem the rights of the owner of the soil in the leased premises by paying any mortgage, taxes or other liens on the leased premises. If LESSEE makes payments on behalf of the owner of the soil under this section, LESSEE may recover the cost of these payments from the rental and royalties due the owner of the soil.
WARRANTY CLAUSE. 15.1 Warranty scope & content The warranty scope of this project includes: foundation engineering, steel structure engineering of main body and waterproof engineering of roofing.
WARRANTY CLAUSE. The warranty period of the subject of the purchase shall be 12 moths and shall commence on the date of the execution of the delivery. Within the warranty period the Seller shall take full responsibility for the compliance of the properties of the subject of the purchase with the properties stipulated hereby or with properties usual for similar equipment. The Seller shall take responsibility for defects of the subject of the purchase as to the date of its takeover. The Seller further takes responsibility for damage discovered by the Buyer after the equipment takeover if these defects have demonstrably been caused by violation of the Seller’s liability. The Buyer shall notify the Seller about any defects of the subject of the purchase (or its part) in writing without undue delay after their discovery. The notification shall include a description of the defect(s) and its (their) manifestation(s). The Buyer is entitled to choose the way of remedy of or compensation for the defect(s) of the subject of the purchase (or its part) in compliance with the relevant provisions of the Civil Code. The period of remedy of defects calculated from the date of application of a justified claim pursuant to Article 7.4 till the date of actual or agreed takeover of the subject of the purchase after defect remedy shall be excluded from the warranty period of the subject of the purchase (or its part). For warranty defects will not be consider of those caused by improper operation or maintenance of equipment or intentional damage by the user or an unauthorized person, or by any other intervention, acts or circumstances on the side of the Buyer. So identified defects will be removed upon payment.
WARRANTY CLAUSE. The warranty period of the subject of the purchase shall remain until
WARRANTY CLAUSE. Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for Lessor, by payment any mortgage, taxes or other liens on the above described lands, in the event of default of payments by Lessor, and be subrogated to the rights of the holder hereof and Lessor hereby agrees that any such payments made by the Lessee for the Lessor shall be deducted from any amounts of money which may become due the Lessor under the terms of this lease.
WARRANTY CLAUSE. Without prejudice to Charterers’ other rights under this Charter Party, it is expressly agreed that the Charterers have the liberty to deduct from freight, deadfreight, demurrage and damages for detention any damages or consequential losses suffered or likely to be suffered by Charterers and/or Shippers for reason of the Owners/ disponent Owners/vessel not complying with any warranty/guarantee given in this contract including any Addendum. The deductions shall be made in accordance with Charterers’ estimate but to be mutually agreed and shall be adjusted (if necessary) within a reasonable time from Charterers supply evidence.
