Warranty Disputes Sample Clauses

Warranty Disputes. Any disagreement between the District and the DB Contractor relating to Section 23 shall be subject to the Dispute resolution provisions contained in Section 21, provided that the DB Contractor shall proceed as directed by the District pending resolution of the Dispute.
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Warranty Disputes. In the event that Merck believes at any time that the Material does not conform to any warranty under this Article 3, then Merck shall notify Licensors of such belief. Any such disagreement shall be settled through [ * ]. In the event that said negotiations are not successful and the matter can be resolved through independent laboratory testing of the Material, then the dispute shall be referred to an independent testing laboratory selected by the applicable Parties within seven (7) days of a demand by any involved Party. The determination of the independent testing laboratory shall be final and binding on the involved Parties. In the event that any of the Supplemental Material does not conform to the warranties as determined by the independent testing laboratory, then Merck shall have the right to return any nonconforming Material to MBL for credit. Notwithstanding the foregoing, (i) [ * ]; (ii) a failure of Materials to meet the warranties set forth in this Article 3 shall [ * ]; (iii) a failure of Materials to meet the warranties set forth in this Article 3 shall [ * ]; and (iv) the remedies set forth in this Section 3.6 shall not preclude any indemnification claim that Merck may have pursuant to Section 11.1 or Section 11.2.
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Warranty Disputes. Any and all claims or disputes of any kind arising from or relating to warrantable issues shall be decided before an arbitration panel agreed upon by both parties, in accordance with the appropriate construction industry rules and standards; or in an arbitration proceeding before the Northern Illinois Home Builders Association if Builder is then a member, or the American Arbitration Association. The cost of the arbitration shall be paid by the party requesting same. It is expressly agreed that the rights of the parties, and the power of any arbitration panel to grant relief in any arbitration proceeding, shall be limited and governed by the provisions of this Warranty and the contract to which it pertains. At closing, and upon performance by the Purchaser of its obligations under contract, the Builder will execute and deliver to the Buyer a Builder's Limited Warranty application form and assign to Purchaser all warranties that it receives from manufacturers of consumer products located in the residence. The parties hereto agree that Contractor’s sole liability hereunder shall be to provide the necessary labor and materials to correct defects in workmanship and materials originally furnished by or through the Contractor hereunder, resulting in defects occurring within the limitations of the Builder’s One Year New Construction Limited Warranty from the date of closing (“Limited Warranty”). Ordinary wear and tear or the results of the inherent characteristics of materials or products used including, but not limited to, cracks in concrete, tile, and marble, wood shrinkage and freezing of sillcocks and water lines shall not be covered under the Limited Warranty. The Limited Warranty shall not include any superficial defect which would be obvious upon a reasonable inspection of the improvement, unless the same is expressly set forth on the Walk Through List. Contractor shall not in any event be liable to Buyer(s) for injury or death to persons or damage to personal property of Buyer(s), Buyer(s)’ representatives, agency, employees, family members or guests stored or maintained on the Premises, or damage to fixtures or other improvements furnished by contractor or incidental or consequential damages related thereto. Contractor shall not be liable or responsible for natural or inherent conditions in the Land, such as the existence of radon gas, and the cost of any radon mitigation system added to the Improvements by Change Order shall be added to the Purchase Pric...
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Warranty Disputes. Any disagreement between TxDOT and Fabricator relating to this Section 9 shall be subject to dispute resolution in accordance with Section 16.
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Related to Warranty Disputes

  • Billing Disputes 7.6.3.1 Each Party agrees to notify the other Party upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the Xxxx Date on which such disputed charges appear. Resolution of the dispute is expected to occur at the first level of management resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will begin:

  • Labor Disputes No labor disturbance by or dispute with employees of the Company or any of its Subsidiaries exists or, to the knowledge of the Company, is threatened which would reasonably be expected to result in a Material Adverse Effect.

  • Disputes In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exercise, the Company shall promptly deliver to the Holder the number of Warrant Shares that are not disputed.

  • Invoice Disputes If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.

  • Patent Disputes Notwithstanding any other provisions of this Article 11, and subject to the provisions of Section 6.2, any dispute, controversy or claim relating to the scope, validity, enforceability or infringement of any Intrexon Patents shall be submitted to a court of competent jurisdiction in the country in which such Patent was filed or granted.

  • Payment Disputes We will not exercise Our rights under Section 6.3 (Overdue Charges) or 6.4 (Suspension of Service and Acceleration) above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

  • No Disputes There is no pending audit, examination, investigation, dispute, proceeding or claim with respect to any Taxes of the Acquiror, nor is any such claim or dispute pending or contemplated. The Acquiror has delivered to the Acquiree true, correct and complete copies of all Tax Returns and examination reports and statements of deficiencies assessed or asserted against or agreed to by the Acquiror, if any, since its inception and any and all correspondence with respect to the foregoing.

  • Governing Law; Disputes This Agreement shall in accordance with Section 5-1401 of the General Obligations Law of New York in all respects be construed, governed, applied and enforced under the internal laws of the State of New York without giving effect to the principles of conflicts of laws and be deemed to be an agreement entered into in the State of New York and made pursuant to the laws of the State of New York. Except as otherwise set forth in Article “19” of this Agreement, the parties agree that they shall be deemed to have agreed to binding arbitration with respect to the entire subject matter of any and all disputes relating to or arising under this Agreement including, but not limited to, the specific matters or disputes as to which arbitration has been expressly provided for by other provisions of this Agreement and that any such arbitration shall be commenced exclusively in New York, New York. Any such arbitration shall be by a panel of three arbitrators and pursuant to the commercial rules then existing of the American Arbitration Association in the State of New York, County of New York. In all arbitrations, judgment upon the arbitration award may be entered in any court having jurisdiction. The parties specifically designate the courts in the City of New York, State of New York as properly having jurisdiction for any proceeding to confirm and enter judgment upon any such arbitration award. The parties hereby consent to and submit to the exclusive jurisdiction of the courts of the State of New York in any action or proceeding and submit to personal jurisdiction over each of them by such courts. The parties hereby waive personal service of any and all process and specifically consent that in any such action or proceeding brought in the courts of the State of New York, any service of process may be effectuated upon any of them by certified mail, return receipt requested, in accordance with Paragraph “C” of this Article “21” of this Agreement. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. The parties agree, further, that the prevailing party in any such arbitration as determined by the arbitrators shall be entitled to such costs and attorney's fees, if any, in connection with such arbitration as may be awarded by the arbitrators. In connection with the arbitrators’ determination for the purpose of which party, if any, is the prevailing party, they shall take into account all of the factors and circumstances including, without limitation, the relief sought, and by whom, and the relief, if any, awarded, and to whom. In addition, and notwithstanding the foregoing sentence, a party shall not be deemed to be the prevailing party in a claim seeking monetary damages, unless the amount of the arbitration award exceeds the amount offered in a legally binding writing by the other party by fifteen (15%) percent or more. For example, if the party initiating arbitration (“A”) seeks an award of one hundred thousand ($100,000) dollars plus costs and expenses, the other party (“B”) has offered A fifty thousand ($50,000) dollars in a legally binding written offer prior to the commencement of the arbitration proceeding, and the arbitration panel awards any amount less than fifty-seven thousand five hundred ($57,500) dollars to A, the panel should determine that B has “prevailed”. The arbitration panel shall have no power to award non-monetary or equitable relief of any sort. It shall also have no power to award (i) damages inconsistent with any applicable agreement between the parties or (ii) punitive damages or any other damages not measured by the prevailing party’s actual damages; and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. In no event, even if any other portion of these provisions is held invalid or unenforceable, shall the arbitration panel have power to make an award or impose a remedy which could not be made or imposed by a court deciding the matter in the same jurisdiction. Discovery shall be permitted in connection with the arbitration only to the extent, if any, expressly authorized by the arbitration panel upon a showing of substantial need by the party seeking discovery. All aspects of the arbitration shall be treated as confidential. The parties and the arbitration panel may disclose the existence, content or results of the arbitration only as provided in the rules of the American Arbitration Association in New York, New York. Before making any such disclosure, a party shall give written notice to all other parties and shall afford such parties a reasonable opportunity to protect their interest.

  • Litigation; Disputes No legal action may be brought against NCCI, its shareholders, officers, employees, and/or agents for actions taken reasonably and in good faith in fulfilling the specifically stated responsibilities of NCCI under this Agreement. NCCI reserves the right to obtain a determination from a court of competent jurisdiction as to the ownership of funds and/or documents in its possession in the event it receives conflicting instructions, instructions which are, in the opinion of NCCI, inconsistent with this Agreement, or if NCCI fails to receive instructions which NCCI concludes that it requires to fulfill its duties under this Agreement. NCCI shall be entitled to reimbursement for all costs, including reasonable attorney’s fees and court costs/expenses incurred by NCCI in connection with obtaining any such determination, and/or in defending any claim made or legal action taken in connection with this Agreement or the agreement(s) between BUYER/MAKER and SELLER/HOLDER which are the subject matter of this collection, except as otherwise specified herein. SELLER/HOLDER hereby gives to NCCI a continuing lien on the proceeds to which they are otherwise entitled under this Agreement to cover such fees, costs and/or expenses.

  • Labor Controversies There are no labor controversies pending or, to the best of the Company’s knowledge, threatened against the Company or any Restricted Subsidiary, that could reasonably be expected to have a Material Adverse Effect.

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