Remedies Generally definition

Remedies Generally. In the event any SUPPLIER Hardware fails to perform as warranted above and such failure has been reported to SUPPLIER during the Warranty Period, SUPPLIER shall, at its option, repair, replace or otherwise remedy such failure as soon as practicable at no charge to COMPANY, subject to the conditions and limitations specified below. The foregoing limited warranties are given in lieu of all other warranties of the SUPPLIER Hardware, expressed or implied, and state SUPPLIER's entire obligation, and shall be COMPANY'S exclusive remedy, with respect to defects or non-conformities in SUPPLIER Hardware furnished under this Agreement. In no event shall any SUPPLIER Hardware be deemed to have failed of its essential purpose so long as SUPPLIER is willing and able to replace, repair or otherwise remedy a defect in such product that is covered by the limited warranty specified in this paragraph "WARRANTIES."
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Remedies Generally. In the event any TRANSBOTICS Hardware fails to perform as warranted above and such failure has been reported to TRANSBOTICS during the Warranty Period, TRANSBOTICS shall, at its option, repair, replace or otherwise remedy such failure as soon as practicable at no charge to CUSTOMER, subject to the conditions and limitations specified below. The foregoing limited warranties are given in lieu of all other warranties of the TRANSBOTICS Hardware, expressed or implied, and state TRANSBOTICS' entire obligation, and shall be CUSTOMER'S exclusive remedy, with respect to defects or non-conformities in TRANSBOTICS Hardware furnished under this Agreement. In no event shall any TRANSBOTICS Hardware be deemed to have failed of its essential purpose so long as TRANSBOTICS is willing and able to replace, repair or otherwise remedy a defect in such product that is covered by the limited warranty specified in this paragraph "WARRANTIES."
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Examples of Remedies Generally in a sentence

  • Notwithstanding anything to the contrary in this Agreement, in the event that Greeley unreasonably conditions, withholds or delays approval of any request for a Change of Control, Wingfoot may elect to terminate this Agreement and shall have the remedies provided in Section 14.2.B(3) (Remedies, Generally).

  • The Deposit shall be fully refundable to Greeley pursuant to and in accordance with Section 4.4 (Disapproved Title Matters), Section 5.4 (Defects Identified in Inspection), Section 6.1 (Closing Contingencies), Section 13.3 (Failure of Condition), Section 14.2.A(3) (Remedies, Generally) and Article 15 (Condemnation) below.

  • WINGFOOT AND GREELEY ACKNOWLEDGE THAT GREELEY’S DAMAGES WOULD BE DIFFICULT TO DETERMINE AND THAT THE TERMS OF SECTION 14.2.A.(3) (Remedies, Generally) ARE A REASONABLE ESTIMATE OF GREELEY’S DAMAGES.

  • Except as provided under Section 4.4 (Disapproved Title Matters), Section 6.1 (Closing Contingencies), Section 13.3 (Failure of Condition), Section 14.2.A(3) (Remedies, Generally) and Article 15 (Condemnation), upon the expiration of Greeley’s right to terminate this Agreement pursuant to this Section 5.4 the Deposit shall be non-refundable to Greeley.

  • REMEDIES UPON DEFAULT 15 Section 5.1 Remedies Generally 15 Section 5.2 Application of Proceeds of Collateral 17 Section 5.3 Investment-Related Property 18 Section 5.4 Registration, etc 18 Section 5.5 Deficiency 19 ARTICLE 6.

  • If Wingfoot defaults in any of its obligations under Section 9.1.A (Deposits Due) and Greeley elects to terminate this Agreement, then Greeley’s sole remedy shall be the terms of Section 14.2.A.(3) (Remedies, Generally).

  • To the Remedies Generally: In the event any TRANSBOTICS Hardware or Services fail to conform to their respective warranty above and such failure has been reported to TRANSBOTICS during the Warranty Period, TRANSBOTICS shall, at its option, repair, replace or otherwise remedy such failure as soon as practicable at no charge to CUSTOMER, subject to the conditions and limitations specified below.

  • If Greeley defaults in any of its obligations under Section 10.5.A(1) (Revocation) and (2) (Amendments) of this Agreement and Wingfoot elects to terminate this Agreement, then Wingfoot’s sole remedy shall be the terms of Section 14.2.B(3) (Remedies, Generally).

  • Remedies Generally No failure on the part of either Party in exercising any right or remedy hereunder, or as provided by law or in equity, shall impair, prejudice or constitute a waiver of any such right or remedy, or shall be construed as a waiver of any Event of Default or as acquiescence therein.

  • The Specified Difference shall be an amount equal to the product of the number of Raw Water Credits (including the Released Credits) sold by Wingfoot to a third-party and the difference between the Base Amount and the cash-in-lieu requirement set for that year (“Specified Difference”) which shall be considered liquidated damages pursuant to Section 14.2.C (Remedies, Generally).