Warranty Obligations Sample Clauses

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the Warranty Period and subject to Section 11.15(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- standard or other equipment warranties in accordance with Section 11.15(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌ (c) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item of equipment called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product or equipment. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in S...

Warranty Obligations. 1. Member shall, at its own expense, perform all obligations as set forth in the RWC Warranty Program and this Agreement which include meeting the Warranty Standards upon notice from the Purchaser without the necessity of RWC intervention. In consideration of the fee structure granted, Member agrees to reimburse RWC and WPMIC for all costs and losses which either incurs, including, but not limited to, inspection, counsel and expert fees, relating to coverage during those periods when Member is the warrantor under the provisions of the applicable Limited Warranty book, regardless of whether Member has breached its obligations hereunder. 2. If Member fails or refuses to perform its warranty obligations under the RWC Warranty Program for any reason, WPMIC will perform the Member’s obligations. If WPMIC fulfills Member’s obligations or if WPMIC or RWC incurs any loss, cost or expense, including, but not limited to, inspection, attorney and expert fees, by reason of Member’s failure to perform hereunder or by reason of a dispute between Member and Purchaser, Member shall, upon demand, and regardless of whether Member is held liable to Purchaser, reimburse WPMIC and RWC for all expenses incurred in so performing or by reason of such failure or dispute, including, but not limited to, cost of materials, labor, architect fees, engineering fees, attorney fees, expert fees, incidental expenses including lodging, transportation and related expenses from Member and cost of collection of such reimbursement. In addition, Member shall indemnify and hold harmless WPMIC and RWC against any and all expenses, including attorney fees, incurred by them as a result of Member’s failure or refusal to perform or delay in performance. In addition, Member shall pay interest to RWC or WPMIC as appropriate, at the rate of eighteen percent (18%) per annum on all sums due to RWC or WPMIC hereunder if such sums are not paid within thirty (30) days of demand by RWC or WPMIC. 3. During that period when WPMIC is the Warrantor under the provisions of the applicable Limited Warranty book, WPMIC represents that it will perform its obligations with respect to warranted structural defects as set forth and defined in the Program without the right of subrogation against the Member provided that: (a) the defect or symptoms of the subsequent occurrence of a defect first arose during that period when WPMIC is the Warrantor under the provisions of the applicable Limited Warranty book for that home, det...

Warranty Obligations. In no event shall Contractor be released from any of its warranty obligations applicable to any Deliverable Item other than the Satellite as set forth in Article 15 as a result of such Deliverable Item having been Accepted as set forth in this Article 11.

Warranty Obligations. (a) Section 3.34(a) of the Company Disclosure Schedule sets forth (i) a list of all forms of written warranties, guarantees and written warranty policies of the Company in respect of any of the Company's products and services, which are currently in effect (the "Warranty Obligations"), and the duration of each such Warranty Obligation, (ii) each of the Warranty Obligations which is subject to any dispute or, to the knowledge of the Company, threatened dispute and (iii) the experience of the Company with respect to warranties, guarantees and warranty policies of or relating to the Company's products and services. True and correct copies of the Warranty Obligations have been delivered to Acquiror prior to the execution of this Agreement. (b) Except as disclosed in Section 3.34(b) of the Company Disclosure Schedule, (i) there have not been any material deviations from the Warranty Obligations, and salespersons, employees and agents of the Company are not authorized to undertake obligations to any customer or other Person in excess of such Warranty Obligations and (ii) the balance sheet included in the Interim Financial Statements reflects adequate reserves for Warranty Obligations. All products manufactured, designed, licensed, leased, rented or sold by the Company (A) are and were free from material defects in construction and design and (B) satisfy any and all Contract or other specifications related thereto to the extent stated in writing in such Contracts or specifications, in each case, in all material respects.

Warranty Obligations. 27 2.26 Foreign Corrupt Practices Act..............................................28 2.27 Pooling of Interests.......................................................28 2.28 Financial Projections; Operating Plan......................................28 2.29 Approvals..................................................................28 2.30 Takeover Statutes..........................................................29 2.31 Disclosure.................................................................29

Warranty Obligations. (a) Except as set forth on Xxxxxxx Disclosure Schedule Section 5.18, none of the Xxxxxxx Entities, to the knowledge of the Xxxxxxx Entities, has any warranty claims that are not covered by Homebuyers Warranty Corporation, National Home Insurance Company or warranties from subcontractors that materially exceed the amounts reserved therefor on the Xxxxxxx Balance Sheet or any aggregate amounts properly accrued on the books and records of any of the Xxxxxxx Entities since the date of the Xxxxxxx Balance Sheet. (b) Except as set forth on Xxxxxxx Disclosure Schedule Section 5.18, to the knowledge of the Xxxxxxx Entities, no product manufactured, sold, leased or delivered by any of the Xxxxxxx Entities (except pursuant to applicable law) is subject to any material guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease. (c) To the knowledge of the Xxxxxxx Entities, except as set forth on Xxxxxxx Disclosure Schedule Section 5.18, none of the Xxxxxxx Entities has any material Liability not fully covered by insurance arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product manufactured, sold, leased or delivered by any of the Xxxxxxx Entities. (d) All sales by the Xxxxxxx Entities have been made in accordance with all federal and state consumer disclosure laws and regulations, including, if applicable, the California Subdivided Lands Act and the regulations enacted thereunder.

Warranty Obligations. SECTION 4.19 ......................................................................

Warranty Obligations. Effective upon the consummation of the Closing, Buyer shall assume and agree to pay, perform and/or discharge as and when due any and all Liabilities of Seller under the Warranty Policies with respect to warranty Claims arising out of any and all products of the Business manufactured, sold and/or shipped by Seller on or prior to the Closing Date (“Warranty Claims”), but only to the extent that aggregate Warranty Costs, as hereinafter defined, are less than the Claim Threshold, as hereinafter defined. Seller shall reimburse Buyer for all of its costs and expenses in connection with each such Warranty Claim (“Warranty Costs”), including the cost of repair or replacement with respect thereto, the cost of materials and labor employed in connection therewith, and allocations of overhead as determined by Buyer in its sole and absolute discretion which shall be final, conclusive and binding, but only to the extent that the aggregate of such Warranty Costs exceeds the Claim Threshold. Subsequent to the date upon which aggregate Warranty Costs exceed the Claim Threshold, as determined by Buyer (the “Claim Threshold Date”), Buyer shall deliver to Seller an itemized written statement (the “Initial Warranty Costs Statement”) setting forth (i) all Warranty Claims received up to the date of such Initial Warranty Costs Statement (including Warranty Claims through the Claim Threshold Date); (ii) the remedial action taken with respect to each such Warranty Claim; (iii) the Warranty Costs to date with respect to each such Warranty Claim, based upon Buyer’s processing of, and performance with respect to, such Warranty Claim up to the date of such Initial Warranty Costs Statement; and (iv) the extent to which the aggregate Warranty Costs have exceeded the Claim Threshold (any such excess, the “Initial Reimbursement Amount”). Seller shall pay to Buyer the Initial Reimbursement Amount not later than fifteen (15) days after Seller’s receipt of the Initial Warranty Costs Statement.

Warranty Obligations. Section 2.32 of the Disclosure Schedule sets forth (a) a list of all written warranties, guarantees and written warranty policies of the Company and the Subsidiaries in respect of the Assets and Properties of the Company and the Subsidiaries, which are currently in effect or may hereinafter become effective (the "Warranty Obligations"), and the duration of each such Warranty Obligation, (b) each of the Warranty Obligations which is subject to any dispute or, to the knowledge of the Company and any Subsidiary, after due inquiry, threatened dispute and (c) the experience of the Company and the Subsidiaries during the past five years with respect to warranties, guarantees and warranty policies of or relating to the Assets and Properties of the Company and its Subsidiaries. True and correct copies of the Warranty Obligations have been delivered to Investor prior to the execution of this Agreement. Except as disclosed in Section 2.32 of the Disclosure Schedule, (i) there have not been any material deviations from the Warranty Obligations, and salesmen, employees and agents of the Company and the Subsidiaries are not authorized to undertake obligations to any customer or other third parties in excess of such Warranty Obligations and (ii) the consolidated balance sheet included in the Audited Financial Statements reflects all adequate reserves for Warranty Obligations. All products manufactured, designed, licensed, leased, rented or sold by the Company and its Subsidiaries or any respective predecessor (x) are and were free from defects in construction and design and (y) satisfy any and all contract or other specifications related thereto, in each case, in all material respects.

Warranty Obligations. (a) During the Warranty Period, sonnen, Inc. will, at its option, repair the defective part (if economically feasible) or replace the defective part free of charge, provided that sonnen, Inc. is properly notified of the product defect within the Warranty Period, and provided that sonnen, Inc., through inspection, establishes the existence of a defect covered by this Limited Warranty. (b) Sonnen, Inc. will, at its option, use new and/or reconditioned parts in building replacement parts. Sonnen, Inc. reserves the right to use parts or products of original or improved design in the repair or replacement of the product. If sonnen, Inc. repairs or replaces a product part, its warranty continues for the remaining portion of the Warranty Period or ninety (90) days from the date of the repair or replacement, whichever is greater. (c) This Factory Limited Warranty covers sonnen, Inc.’s costs for materials necessary to reestablish trouble-free operation of the Covered Product. All repairs must be performed by a sonnen Certified Installer. (d) Costs of installation or reinstallation, costs of removal, and/or costs of labor for repair are covered only upon approval by sonnen of a “Warranty Labor Work Ticket” prior to services rendered, as described further in Section 10 below. Any such costs incurred without sonnen’s approval and prior to obtaining a Warranty Labor Work Ticket will not be paid by sonnen under this Factory Limited Warranty. (b) re-performance of defective services, or (c) payment of the reimbursement under 5(g) below. (f) Except for visible defects of products and services, for which Customer shall provide notice to sonnen immediately under Section 6.4 of sonnen, Inc’s Terms & Conditions, Customer shall provide written notice of any defect to sonnen within 10 days after discovery of such defect. (g) Should sonnen be unable to repair or replace defective products or re-perform defective services to the agreed-upon standard within 60 days after written notice from Customer of such defect, Customer shall xxxxx xxxxxx a 10-day cure period in writing. Should sonnen fail to replace defective products or re-perform defective services to the agreed-upon standard within such 10-day cure period after written notice from Customer, Customer shall have the right to request reimbursement of the purchase price of the Covered Product. For clarity, sonnen’s obligations under this paragraph run from the date that sonnen was actually notified of the defect, not the date ...