AND CLAIMS Sample Clauses

AND CLAIMS. 11.1 Westermo warrants that the Products, subject to what is set forth below regarding software, are free from defects in materials and workmanship arising from normal use, and any material non-conformances with Westermo published specifications, for a period of five (5) years from the date the Product was shipped from Westermo. Westermo warrants that formal production software releases have passed rigorous regression testing that ensures a stable industry leading software quality level over time. However, Westermo does not warrant that the software or any portion thereof is error free. Notwithstanding the foregoing, (i) for a product in the life cycle phase Limited (which means any product that is inactive and generally not available, but may be available on a case-by-case basis as a spare part) at the time of order placement, the warranty period is limited to three (3) months from the date the Product was shipped from Westermo, and (ii) for the VA Products, the warranty period is limited to three (3) years from the date the VA Product was shipped from Westermo. The Buyer shall without undue delay inform Westermo in writing about any claim of defects in the Products when the Buyer has discovered or ought to have discovered any defect in the Products. A claim may in no event be made later than seven (7) days after the expiration of the applicable warranty period, mentioned earlier. Where the defect is such that it may cause damage, notice shall be given immediately.
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AND CLAIMS. 9.1 The Seller is solely responsible for compliance with all laws relating to the labelling, packaging and carriage of the Goods until delivery and for ensuring that such labelling, packaging, carriage and delivery are made in accordance with the best current industry practice and all applicable legal requirements and meet with all relevant government and local authority requirements. For the avoidance of doubt, the Seller shall be obliged to procure that all third party carriers and other contractors engaged by it shall comply with the foregoing.
AND CLAIMS. It is the Company’s intent to have and benefit pro- grams run as smoothly as possible, with good, open commu- nications and understandingof each situation. To this end, the company agrees to host a joint meeting attended by a union representative, the company and a repre- sentative from our Disability Insurance carrier, per year, or as otherwise determined by mutual consent. The purpose of the meeting to review any existing problems, regarding and to discuss and resolve problems, and to determine appropriate steps to ensure correct benefits are provided to our employees on a timely basis.
AND CLAIMS. The Company will continue to pay and the Company portion of Group Life Insurance, Dental Plan and Drug Plan for a period of up to twelve (12) months for an employee who suffers a compensable injury and is in receipt of Worker's Compensation Board benefits, Weekly Indemnity or benefits. The Company may, after investigation, continue to pay and the Company portion of Life Insurance, Dental Plan and Drug Plan premiums beyond the twelve
AND CLAIMS. The Company will monitor all and Claims to try to ensure prompt and efficient payments from our insurance carrier After two weeks following an employee's submission of the properly completed claim form, the employee must notify the Company in order that action can be taken to minimize any delays. The Company will provide employees who have applied for sickness and accident benefits or workers' compensation benefits with the appropriate sickness and accident coverage directly until such time as the applicable coverage is approved or denied. Employees will be required to sign the necessary forms authorizing the Company to receive or cheques once received by the employee and to authorize the with- holding from pay of any overpayment by the Employer, and a right of subrogation. The parties also agree that where the sickness and accident carrier denies coverage to an employee, the Company and the Union agree that the employee is entitled to coverage; the Company will instruct the car- rier to provide sickness and accident benefits.
AND CLAIMS. All IRINOX equipment is sold FOB shipping point, and when accepted by the carrier, such shipments become the property of the consignee. Should damage occur in shipment, it is a matter between the carrier and consignee. In such cases, the carrier is assumed to be responsible for the safe delivery of merchandise, unless negligence can be established on the part of the shipper.

Related to AND CLAIMS

  • Litigation and Claims No litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower’s financial condition or properties, other than litigation, claims, or other events, if any, that have been disclosed to and acknowledged by Lender in writing.

  • and 3 6.3.2. If the two members are unable to agree on a third member of the Commission, or an alternate, then either may refer the matter of appointment to the dispute resolution process under 26.3.0, or, in the absence of that process, to the Supreme Court of the Yukon.

  • and 5 6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.)

  • Extent of Liability Notwithstanding anything to the contrary contained herein, with respect to the indemnification obligations of the Funds provided in this Section4.03, each Fund shall be: (i) severally, and not jointly and severally, liable with each of the other Funds; and (ii) liable only for its pro rata share of such liabilities, determined with reference to such Fund's proportionate interest in the aggregate of assets held by the Custodian in the Account with respect to which such liability relates at the time such liability was incurred, as reflected on the books and records of the Funds.

  • and 4 3.2 of the Agreement shall be deleted in their entirety and replaced by the following:

  • Defense of Infringement Claims In the event Licensee or Licensor becomes aware that Licensee’s or any of its Affiliates’ or any Sublicensees’ practice of the Licensed Patents is the subject of a claim for patent infringement by a Third Party, that Party shall promptly notify the other, and the Parties shall consider the claim and the most appropriate action to take. Licensee shall cause each of its Affiliates and each Sublicensee to notify Licensee promptly in the event such entity becomes aware that its practice of the Licensed Patents is the subject of a claim of patent infringement by another. To the extent Licensor takes any action, Licensor (or the ReGenX Licensors) shall have the right to require Licensee’s reasonable cooperation in any such suit, upon written notice to Licensee; and Licensee shall have the obligation to participate upon Licensor’s request, in which event, Licensor shall bear the cost of Licensee’s participation. Without Licensor’s prior written permission, Licensee must not settle or compromise any such suit in a manner that imposes any material obligations or restrictions on Licensor or the ReGenX Licensors or grants any rights to the Licensed Patents other than rights that Licensee has the right to grant under this Agreement.

  • Defense of Litigation To appear in and defend any action or proceeding that may affect its title to or Secured Party’s interest in the Collateral.

  • EXTENT OF AGREEMENT This Agreement supersedes all prior agreements, written or oral, between Architect/Engineer and Owner and shall constitute the entire Agreement and understanding between the parties with respect to the subject matter hereof. This Agreement and each of its provisions shall be binding upon the parties and may not be waived, modified, amended or altered except by a writing signed by Owner and Architect/Engineer.

  • Disputes and Claims Failure to file such a protest within the time specified shall constitute agreement on the part of the Contractor with the terms, conditions, amounts and adjustments or non- adjustment to the contract price and/or contract time set forth in the field order.

  • and 2 3.2 of the Agreement shall be deleted in their entirety and replaced by the following:

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