Defects etc Sample Clauses

Defects etc. Relevant Part At the end of clause 2.35 insert as follows: “Provided that the Architect/Contract Administrator shall not be required to issue such certificate any earlier than 14 days after the end of the Rectification Period applicable to such Relevant Part.”
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Defects etc. (a) Sublessor and Sublessor's agents and employees shall not be liable to Sublessee for any injury to person or damage to property caused by the Demised Premises becoming out of repair, or by defect or failure of any structural element of the Demised Premises or of any equipment, pipes or wiring, or broken glass installed by Sublessee in the Demised Premises, or by the backing up of drains constructed by Sublessee, or by gas, water, steam, electricity or oil leaking, escaping or flowing from equipment, pipes or wiring installed by Sublessee into the Demised Premises, nor shall Sublessor be liable to Sublessee for any loss or damage that may be occasioned by or through the acts or omissions of other Sublessees of the Store or of any other persons whomsoever, excepting only duly authorized employees and agents of Sublessor.
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Defects etc. (a) Landlord and Landlord's agents and employees shall not be liable to Tenant for any injury to person or damage to property caused by the Demised Premises becoming out of repair, or by defect or failure of any structural element of the Demised Premises or of any equipment, pipes or wiring, or broken glass installed by Tenant in the Demised Premises, or by the backing up of drains constructed by Tenant, or by gas, water, steam, electricity or oil leaking, escaping or flowing from equipment, pipes or wiring installed by Tenant into the Demised Premises, nor shall Landlord be liable to Tenant for any loss or damage that may be occasioned by or through the acts or omissions of other tenants of the Store or of any other persons whomsoever, excepting only duly authorized employees and agents of Landlord.
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Defects etc. The Standby Purchaser shall execute such documents ------------- and instruments as required to promptly cure any defects in the creation, execution and delivery of any of the Project Documents to which it is a party and all such other documents, agreements (including, without limitation, account control agreements) and instruments to comply with or accomplish the covenants and agreements of the Issuer or the Owner in the Project Documents or to further evidence or more fully describe the Standby Purchaser Trust Estate or to correct any omissions in the Project Documents, or to state more fully the security obligations set out herein or in any of the other Project Documents, or to perfect, protect or preserve any Liens created pursuant hereto or any of the other Project Documents, or to make any recordings or obtain any consents as may be necessary or appropriate in connection therewith. Further, the Standby Purchaser will promptly execute and deliver or cause to be executed or delivered all further instruments and documents and take all further action that may be necessary or desirable or that the Trustee may request in order to (i) perfect and protect the Liens and other rights created or purported to be created hereby and by the other Project Documents and the first priority of such Liens and other rights;
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Defects etc. Relevant Part
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Defects etc. Upon any defect or want of repair for which the Landlord is responsible pursuant to Clause 4.1 hereof coming to the notice of the Tenant forthwith to give written notice thereof to the Landlord
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Related to Defects etc

  • Defects a. The Customer shall inspect the Goods upon delivery and will, within 48 hours, notify the Company of any defects, short deliveries or any failure to fulfill any quotation or order.

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of Recognized Environmental Conditions (as such term is defined in ASTM E1527-05 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related lender; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated, abated or contained in all material respects prior to the date hereof, and, if and as appropriate, a no further action, completion or closure letter or its equivalent, was obtained from the applicable governmental regulatory authority (or the Environmental Condition affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action or investigation is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the Environmental Condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x, S&P and/or Fitch; (E) a party not related to the Mortgagor was identified as the responsible party for the Environmental Condition and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition at the related Mortgaged Property.

  • Environmental Condition None of Borrower's or any Subsidiary's properties or assets has ever been used by Borrower or any Subsidiary or, to the best of Borrower's knowledge, by previous owners or operators, in the disposal of, or to produce, store, handle, treat, release, or transport, any hazardous waste or hazardous substance other than in accordance with applicable law; to the best of Borrower's knowledge, none of Borrower's properties or assets has ever been designated or identified in any manner pursuant to any environmental protection statute as a hazardous waste or hazardous substance disposal site, or a candidate for closure pursuant to any environmental protection statute; no lien arising under any environmental protection statute has attached to any revenues or to any real or personal property owned by Borrower or any Subsidiary; and neither Borrower nor any Subsidiary has received a summons, citation, notice, or directive from the Environmental Protection Agency or any other federal, state or other governmental agency concerning any action or omission by Borrower or any Subsidiary resulting in the releasing, or otherwise disposing of hazardous waste or hazardous substances into the environment.

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