Warranty Costs. All costs incurred by Contractor in fulfilling Contractor’s remedial warranty obligations as set forth on this Article 10 shall be Non-Allowable Costs of the Work and shall be solely Contractor’s responsibility which Contractor shall pay, including, without limitation, additional testing and inspections and compensation for the services of any professional or consultant made necessary thereby. Contractor shall also, as part of Contractor’s warranty and guarantee at Contractor’s own expense, repair or replace any other damaged components, material, finishes, furnishings and other Work or portions of the Project or other property damaged, affected or otherwise made necessary by or resulting from such defective, non-conforming or incomplete Work, to return the same to their original condition. In addition, and notwithstanding anything to the contrary in this Agreement, if within one (1) year after Substantial Completion any portion of the Work (including, without limitation, any roof and any walls) is not watertight and leak proof at every point and in every area (except where leaks can be attributed to damage to the Work proximately caused by extraordinary, external forces beyond Contractor’s control and which Contractor could not reasonably have anticipated), Contractor shall, immediately upon notification by Owner of water penetration, determine the source of water penetration and, at Contractor’s own expense, do any work necessary to make the Work watertight.
Warranty Costs. All costs incurred in connection with performing any warranty obligation, including all travel expenses and daily allowances, shall be the obligation of Supplier and Supplier shall fulfill Supplier’s warranty obligations without additional fees or charges of any kind to VWLLC, unless otherwise specified in the Order or otherwise agreed by VWLLC in writing.
Warranty Costs. Supplier will pay the Warranty Costs for any Goods that fail to meet the warranties set forth in Section 7.1 during the Warranty Period. “Warranty Costs” are limited to the replacement of the defective Goods and the labor costs associated with any replacement. At the end of each calendar quarter, Beyond Meat will provide Supplier with: (a) a statement of the total Warranty Costs incurred during that quarter; and (b) an invoice for the Warranty Costs reflected on the quarterly statement. Within [***] days of Supplier’s receipt of Beyond Meat’ invoice, Supplier will pay Beyond Meat by wire transfer the amount stated on the invoice. Supplier may not delay payment of any quarterly invoice beyond such [***] day period, except that Supplier may withhold payment of that portion of the quarterly invoice relating to any warranty claim that Supplier has rejected and specifically identified in writing to Beyond Meat (“Challenged Claims”). Supplier’s right to notify Beyond Meat of any Challenged Claims, and to request further information with respect to any Challenged Claims, must be exercised within the [***] day period following receipt of Beyond Meat’s invoice. If Supplier fails to timely pay any unchallenged Warranty Costs, Beyond Meat will be entitled to offset any of its liabilities to Supplier by the amount of such unchallenged Warranty Costs. Supplier and Beyond Meat agree to use their best efforts to promptly resolve all Challenged Claims and, when resolved, Supplier will immediately reimburse Beyond Meat for the agreed upon amount. Supplier and Beyond Meat each acknowledge the benefit of reducing Warranty Costs and agree to jointly investigate, analyze and develop strategies that will result in the reduction of Warranty Costs during the term of this Agreement.
Warranty Costs. 8 13.5. Exclusive Remedy..............................................................................................
Warranty Costs. All costs incurred by Contractor in fulfilling Contractor’s remedial warranty obligations as set forth in this Article 12 shall be solely Contractor’s responsibility, including, without limitation, costs for additional testing and inspections and compensation for the services of other professionals or consultants made necessary thereby. Contractor also shall, as part of Contractor’s warranty and guarantee at Contractor’s own cost and expense, repair or replace any other damaged components, material, finishes, vehicles and other Work or portions of the Project or other property, including, without limitation, the Casino Improvements, damaged, affected or otherwise made necessary by or resulting from such defective, non-conforming or incomplete Work, to return the same to their original condition.
Warranty Costs. GM ANZ shall bear the following costs in respect of any claim on this Warranty:
(1) all costs directly associated with the Supplier reviewing and assessing a claim on this Warranty; and
(2) all costs directly associated with any repair or replacement of the Part validly claimed under Warranty pursuant to clause 9 (excluding labour costs relating to the removal and reinstallation of the Part from any goods). The Customer shall bear all other costs of and incidental to any claim on this Warranty including, but not limited to:
(1) any costs associated with delivering the Parts (or any goods incorporating the Parts) to, or collecting them from, the Supplier; and
(2) any costs of labour required in relation to the removal or replacement of any Part from any vehicle or any other goods, unless prior written approval has been obtained from GM ANZ.
Warranty Costs. (a) Costs of all work performed pursuant to the warranty set out in Section 17.1, including costs for labor, material, inspection and/or shipping from whichever facility shall be borne exclusively by AIWA. Costs of all work performed pursuant to the warranty set out in Section 17.2, including costs for labor, material, inspection and/or shipping from whichever facility shall be borne exclusively by Ecrix. In the event that it cannot be clearly determined whether the warranty repairs are required solely pursuant to Section 17.1 or solely pursuant to Section 17.2, then the costs for all work performed pursuant to the warranty covered by this Section 17, including costs for labor, material, inspection and/or shipping from whichever facility shall be borne 50% by Ecrix and 50% by AIWA.
(b) Ecrix shall exclusively bear all costs associated with any shipping damages resulting to Products, Unique Customer Configured Products or Spare Parts transported from AIWA to Ecrix provided that the method of packing the items meets Ecrix's specifications, otherwise AIWA shall exclusively bear all these costs.
(c) The parties shall review on a semiannual basis the procedures for warranty repairs and allocation of warranty expenses as well as the reimbursement policy for such warranty repairs as hereinafter set forth. Initially, a report shall be prepared by AIWA and Ecrix on a calendar quarterly basis indicating the warranty costs incurred by the parties pursuant to this Section 17. Within thirty (30) days after a warranty cost report is submitted, the owing party shall reimburse the owed party. Any disputes pursuant to this Section 17 shall be resolved by arbitration in the manner established by Section 30 below.
Warranty Costs. 1. During the 270 day period following the Closing Date, Buyer shall notify Sellers on a monthly basis of warranty claims (excluding product liability claims and the Goal Line Warranty (as herein defined)) made with respect to the Company's products sold and shipped prior to the Closing Date (each, a "Warranty Claim") that were made against the Company during the preceding month, stating in reasonable detail the nature of the Warranty Claim and the Warranty Costs (as hereinafter defined) Buyer reasonably estimates will be incurred with respect to such Warranty Claims, and also stating the Warranty Costs that the Company incurred during such month for Warranty Claims included in prior notices to Sellers. As used herein, "Warranty Costs" mean all costs incurred by the Company with respect to a Warranty Claim, including without limiting the generality of the foregoing, all labor charges (determined using the burdened labor rate Buyer uses for its accounting records) in traveling to the site in question, inspecting, analyzing and repairing any defects, all reasonable travel expenses, and all material used in effecting any repair or replacement.
Warranty Costs. 4.1 Pyramid XML Message Router(XMR) Warranty $ - $ - $ - $ - - 4.2 Xxxxxxx XXXX/XXXXX XX0 Xxxxxxxx $ - $ - $ - $ - - 4.3 COLLECT Application Warranty $ - $ - $ - $ - Total $ - 5.0 Other Costs 5.1 Training and Certification Module $ - $ - $ - $ -
Warranty Costs. All costs incurred by Contractor in fulfilling Contractor’s remedial defects liability obligations and/or warranty obligations as set forth on this Article 10 shall be at Contractor’s sole cost and expense. Contractor shall also, as part of Contractor’s warranty and guarantee, repair or replace any other damaged components, material, finishes, furnishings and other Work or portions of the Project or other property damaged, affected or otherwise made necessary by or resulting from such defective, non-conforming or incomplete Work, to return the same to their original condition. In addition, and notwithstanding anything to the contrary in this Agreement, if within ten (10) years after Substantial Completion any portion of the Work (including, but not limited to, any roof and any walls) is not watertight and leakproof at every point and in every area (except where leaks can be attributed to damage to the Work proximately caused by extraordinary, external forces beyond Contractor’s control and which Contractor could not reasonably have anticipated), Contractor shall, immediately upon notification by Owner of water penetration, determine the source of water penetration and, at Contractor’s own expense, do any work necessary to make the Work watertight.
