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.
Latent Defects. Without limitation, Subcontractor shall be responsible for the repair of latent defects in their Work. Subcontractor shall pay for consequential damages related to any latent defects in their Work and Subcontractor shall pay for all costs necessary to repair the Work of others caused by uncovering and repairing defective Work.
Latent Defects. Seller has no actual knowledge of any latent defects on, in, under or above the Land, the Lots or the Improvements (to the extent completed as of the date of this Agreement). For purposes of this representation, the actual knowledge of Seller shall mean the actual knowledge of only Xxxxxxxx X. Xxxx and no other person. 7.2
Latent Defects. It is recognized that it is possible for a Light Source to have defects which are not be discovered upon reasonable physical inspection or testing ("Latent Defects"). As soon as either party becomes aware of a Latent Defect in any Light Source it shall immediately notify the other party as to the serial number(s) of the Light Source(s) involved, which at DUSA's election, shall be deemed rejected as of the date of such notice. NBC agrees to repair or replace all Light Sources so involved at its expense. For purposes of this Section 3.4, "defect" shall mean that a Light Source fails to conform to the warranties given by NBC herein; however, "defect" for purposes of the foregoing, shall exclude defects in the design of the Output Regulating Circuitry System, the Plastic Housing and the Stand. 7 3.5
Latent Defects. Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by the City pursuant to this Article shall be applicable with respect to any Latent Defects. Upon discovery of any Latent Defects by the City, the City shall promptly provide a Non-Compliance Notice thereof to Xxxxxxxx that shall trigger the cure procedure set forth in Section 5.08. Xxxxxxxx shall be responsible for all costs incurred in correcting or remedying Latent Defects of which it receives notice within the Latent Defect Period. Xxxxxxxx shall be released from all liability with respect to Latent Defects of which it receives notice after the expiration of the Latent Defect Period. This Section 5.10 shall survive termination of the 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 discovered within twelve (12) months after the applicable certificate of occupancy. 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 within twelve (12) months after a building’s certificate of occupancy that any portion of the Project is materially inconsistent with the Final Documents and Drawings.
Latent Defects. It is understood that Products may have defects (“defects” meaning that such Products fail to conform to the applicable Specifications or otherwise fail to conform to the warranties given by Stellartech herein) which would not be discoverable upon reasonable physical inspection or testing (the “Latent Defects”). As soon as either Thermage or Stellartech becomes aware of a Latent Defect in any Products, it shall immediately notify the other party and, at Thermage’s election, such Products shall be deemed nonconforming to the Specifications and rejected as of the date of such notice.
Latent Defects. If any Licensed Adjuvant delivered by Supplier to Purchaser contains a Latent Defect (as defined below), then Purchaser will notify Supplier in writing within five (5) Business Days after the date on which such Latent Defect is first detected by Purchaser. “Latent Defect” means any defect that (a) causes any Licensed Adjuvant supplied by Supplier to Purchaser pursuant to this Agreement to fail to conform with the Adjuvant Specifications, cGMP or a requirement under the Quality Agreement and (b) cannot be ascertained by the exercise of reasonable diligence by Purchaser upon receipt of such Licensed Adjuvant; provided, however, that if Purchaser does not notify Supplier of a Latent Defect in a Licensed Adjuvant within the Licensed Adjuvant’s shelf life (which shall be mutually agreed upon by the Parties), Purchaser shall be deemed to have accepted the Licensed Adjuvants as meeting Adjuvant Specifications and the applicable requirements hereunder, and Purchaser abstains from any right to claim liability against Supplier pursuant to Section 5.1 above or this Section 5.2.
Latent Defects. The Developer shall be responsible for administering, managing, coordinating and using commercially reasonable efforts to cause all Persons providing goods, work or services for the Project to correct latent defects found in the design, construction, goods or equipment installed in the Building Improvements to comply with such schedules established by the Developer.
Latent Defects. If after accepting a shipment of PPF, Bayer subsequently discovers latent material defects (including without limitation, nonconformance to the Specifications) not reasonably discoverable during the acceptance period set forth in Section 3.3, Bayer may revoke its acceptance of such shipment of PPF by giving written notice and disclosing the nature of any defects to Supplier as soon as practicable after discovering such defects. In such event, such PPF shall be considered a Nonconforming Product to the extent latent material defects in fact are present and the provisions of Section 7.1 below shall apply.
