Examples of Material Fault in a sentence
Once Developer notifies Ladbrokes in writing that the Material Fault set out in the relevant Fault Notice has been corrected, Ladbrokes may carry out repeat Acceptance Tests on the same terms and conditions until the Game functions in accordance with any relevant Specification and without any Material Fault.
Developer, at its own expense, shall use best commercial endeavours to correct such Material Fault within twelve (12) hours following delivery of the Fault Notice.
If Ladbrokes discovers any Material Fault during the performance of the Acceptance Tests or otherwise during the Term, Ladbrokes shall deliver a written notice to Developer setting out in reasonable detail such Material Fault ("Fault Notice").
In the event that, at the expiration of any of the period specified in Clause 31c of this Contract, the Contractor shall have failed to remedy a Material Fault in accordance with the provisions of Clause 31c), the Material Fault shall, without prejudice to any other rights and remedies of the Authority, be deemed to be a Critical Fault and shall be remedied by the Contractor in accordance with the provisions of Clause 31b.
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Additionally, FXRE shall have the right to terminate this Agreement in the event that the Initial Performance Standard or Subsequent Performance Standard is not achieved due to a Material Fault of ThrillRides or Kitchen, in which event ThrillRides shall be required to promptly refund to FXRE the portions of the Unisystems Advance that have not been credited against Construction Payments.
The Contractors preferred method of communication of fault reports is by email to xxxx@xxxx.xxx A Fault Report shall comprise details of: the identity of the author of the Report; the version and release number of the relevant Software application/Operating system; the nature of the Fault; and classification of the Fault as a Critical Fault, a Material Fault or a Cosmetic Fault.
Notwithstanding the foregoing sentence, if or to the extent that three (3) SkyViews are not built due to no Material Fault on the part of either ThrillRides or Kitchen, any increment of the Unisystems Advance which has not yet been credited against the Construction Payments specified in the preceding sentence shall be deemed forfeited by FXRE and thereafter ThrillRides shall not have any obligation to repay the Unisystems Advance to FXRE.
Notwithstanding the foregoing sentence, if or to the extent that three (3) SkyViews are not built due to no Material Fault on the part of either Licensor or ThrillRides, any increment of the Licensor Advance which has not yet been credited against the Constructions Royalty payments specified in the preceding sentence shall be deemed forfeited by Licensee and neither Licensor or ThrillRides shall have any obligation to repay any unrecouped portions of the Licensor Advance to Licensee.
In the event that, at the expiration of the period specified in Clause 31d of this Contract, the Contractor shall have failed to remedy a Cosmetic Fault in accordance with the provisions of Clause 31d, the Cosmetic Fault shall, without prejudice to any other rights and remedies of the Authority, be deemed to b a Material Fault and shall be remedied by the Contractor in accordance with the provisions of Clause 31c.