Disabling Defects Clause Samples

The Disabling Defects clause defines the parties' rights and obligations when a product or service is rendered unusable due to significant faults or failures. Typically, this clause outlines what constitutes a disabling defect, the process for reporting such defects, and the remedies available, such as repair, replacement, or termination of the agreement. Its core function is to protect the affected party by ensuring that critical issues are addressed promptly and by providing a clear mechanism for resolving situations where the product or service cannot be used as intended.
Disabling Defects. No employee shall be required to use any equipment that has been designated by both the Lodge and the Employer as being defective because of a disabling condition unless the disabling condition has been corrected. When an assigned department vehicle is found to have a disabling defect or is in violation of the law, the police Officer will notify his or her supervisor, complete required reports, and follow the supervisor's direction relative to requesting repair, replacement or the continued operation of said vehicle.
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Disabling Defects. No Captain shall be required to use any equipment that has been designated by both Unit 156-Captains and the Employer as being defective because of a disabling condition, unless the disabling condition has been corrected.
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Disabling Defects. No employee shall be required to use any equipment that has been designated by both the Union and the Employer as being defective because of a disabling condition unless the disabling condition has been corrected. When an assigned vehicle or other equipment is found to have a disabling defect or is in violation of the law, or if an alleged unsafe working condition involving the presence of a hazardous material exists, the employee will notify his supervisor, complete required reports, and follow the supervisor's direction including requesting repair, replacement, or the continued operation of said vehicle or equipment. The Employer shall take all reasonable steps to protect employees during working hours in the performance of their duties.
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Disabling Defects. No Lieutenant shall be required to use any equipment that has been designated by both Unit 156-Lieutenants and the Employer as being defective because of a disabling condition, unless the disabling condition has been corrected. When an assigned Department vehicle is found to have a disabling defect or is in violation of the law, the Lieutenant will notify his/her supervisor, complete required reports and follow the supervisor's directions relative to requesting repairs, replacement or the continued operation of said vehicle.
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Disabling Defects. No employee shall be required to use any equipment that has been designated by both the Union or its designee and the Employer as being defective because of a disabling condition unless the disabling condition has been corrected. When an assigned department vehicle is found to have a disabling defect or is in violation of the law, the officer will notify their supervisor, complete the required reports and follow the supervisor's direction relative to the requesting of repairs, replacement or the continued operation of said vehicle. No officer will be required to operate any vehicle that has a defect that makes it in violation of the law until such defect has been repaired and the vehicle is no longer in violation of the law. A vehicle shall be operated in order that it be driven to a repair facility. Disputes concerning the "defective" nature of any equipment shall be resolved by the grievance procedure.
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Disabling Defects. No employee shall be required to use any equipment that has been designated by both the Union and the Employer as being defective because of a disabling condition until the disabling condition has been corrected.
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Related to Disabling Defects

  • Cost of remedying Defects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to: (a) the design of the Project; (b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications and Standards; (c) improper maintenance during construction of the Project Highway by the Contractor; and/ or (d) failure by the Contractor to comply with any other obligation under this Agreement.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Reportable Events Involving the ▇▇▇▇▇ Law Notwithstanding the reporting requirements outlined above, any Reportable Event that involves solely a probable violation of section 1877 of the Social Security Act, 42 U.S.C. §1395nn (the ▇▇▇▇▇ Law) should be submitted by Practitioner to CMS through the self-referral disclosure protocol (SRDP), with a copy to the OIG. If Practitioner identifies a probable violation of the ▇▇▇▇▇ Law and repays the applicable Overpayment directly to the CMS contractor, then Practitioner is not required by this Section III.G to submit the Reportable Event to CMS through the SRDP.

  • Title Defects 9.1 Purchaser shall have until April 21, 1999 in which to examine the Commitment and the Surveys. If Purchaser finds title to be defective, Purchaser shall, no later than 5:00 p.m. Eastern time on April 21, 1999, notify Seller in writing, specifying the title defect(s). If Purchaser fails to give Seller written notice of any title defect(s) before 5:00 p.m. Eastern time on April 21, 1999, the defects shown in the Commitment or the Surveys shall be deemed to be waived as title objections to closing this transaction. 9.2 If Purchaser has given Seller timely written notice of defect(s) and the defect(s) render the title other than as represented in this Agreement or if any new defects appear from the date of the Commitment through the Closing Date, Seller shall use commercially reasonable efforts to cause only those defects recorded after October 7, 1997 to be cured by the Closing Date. Seller agrees to remove, by payment, bonding or otherwise, any such lien (other than environmental liens) against the Property capable of removal by the payment of money or bonding. Seller shall not be obligated to (but may, in its sole and absolute discretion) cure any other defect or to buyout or settle any other claim or lien against the Property. At Seller's option, the Closing Date may be extended for a period not to exceed sixty (60) days for purposes of eliminating such title defects. If such additional time is reasonably required by Seller to cure such title defects, Seller's failure to extend the Closing Date shall be commercially unreasonable. 9.3 If Seller does not eliminate such defects as of the Closing Date, as the same may be extended under the preceding sentence, or if any new "title defects" appear between the date of the Commitment through the Closing Date which Seller does not eliminate as of the Closing Date, Purchaser shall have the option to: 9.3.1 Close and accept the title "as is," without reduction in the Purchase Price and without claim against Seller for such title defects (except for any lien that Seller is required to cure pursuant to Section 9.2 that can be removed by the payment of money or bonding, for which credit shall be given Purchaser at the Closing unless Seller pays the same at the Closing) (and in such event, the Closing shall take place on the Closing Date); or 9.3.2 Cancel this Agreement, whereupon Escrow Agent, subject to the provisions of Section 11.3, shall return the Deposit, together with all interest earned thereon, to Purchaser, and both parties shall be released from all further obligations under this Agreement, except for those which expressly survive such termination, unless such title defects were caused by Seller's willful act or willful omission, in which event Seller shall remain liable to Purchaser for damages caused by such title defects.

  • Reportable Events No such Employee Benefit Plan which is an Employee Pension Benefit Plan has been completely or partially terminated or been the subject of a Reportable Event as to which notices would be required to be filed with the PBGC. No proceeding by the PBGC to terminate any such Employee Pension Benefit Plan has been instituted or threatened; and