Material Defects. 8.1 The vendor guarantees to the customer that the deliveries and services, when used in accordance with the contract, conform with the agreements outlined in point 3.1.
Material Defects. 19.1 The parties agree that software generally cannot be created without errors; this also applies to the software covered by these terms and conditions.
Material Defects. (i) On or before the Closing Date, the Seller shall make the Mortgage Files available to the Purchaser or its agent for examination, which examination may be at the offices of the Custodian or the Seller. The fact that the Purchaser or its agent has conducted or has failed to conduct any partial or complete examination of the Mortgage Files shall not affect the Purchaser's rights to demand cure, repurchase, substitution or other relief as provided in this Agreement.
Material Defects. The warranty in section 9.1-9.3 shall not apply to any material defect caused by: (a) any change to the Software, except where such changes were made by OT in relation to the provision maintenance and support services or Licensee proves that defects which have arisen are not attributable to the change/modification and that error analysis and rectification by OT is not effected thereby.; (b) Licensee's failure to provide a suitable installation or operating environment for the Software; (c) use of the Software on a software or hardware platform not approved by OT in writing; (d) software, hardware, firmware, data, or technology not licensed or approved by OT in writing; (e) any telecommunications medium used by Licensee; (f) Licensee's own computer system; or (g) failure of Licensee and/or user to comply with the Documentation. OT does not warrant that the Software is error-free or will operate without interruption.
Material Defects. Contractor shall give State prompt notice if Contractor becomes aware of a material defect in any Deliverables or the performance of any Services or any issue that may affect Contractor’s ability to implement the Solution, including all Guaranteed Functionality and Guaranteed Performance, in accordance with the timeline required by this Agreement.
Material Defects. If the Defects are substantial in number, or the nature of the Defect(s) deprive DALO of the intended use of the Deliverables, this shall constitute a material breach of the Co n- tract, entitling DALO to remedies as set out in clause 10.
Material Defects. If a Material Defect is suspected, (a) the CBOT shall, immediately upon becoming aware of such suspected Material Defect, provide LIFFE's Project Manager written notice of such suspected Material Defect, together with all Evidence of such suspected Material Defect reasonably available to the CBOT, and (b) at LIFFE's request, the Confidential Information Omitted and Filed Separately with the Commission. Omitted Portions Indicated by [**]. Parties shall re-perform the relevant Integration Testing and present the results thereof to each Party's Project Manager. If the Parties agree that Integration Testing has revealed a Material Defect, the Parties shall document the nature of the Material Defect identified by the Integration Testing. As soon as reasonably practicable thereafter, (i) LIFFE shall use reasonable efforts to remedy the Material Defect and shall notify the CBOT's Project Manager once LIFFE reasonably believes the Material Defect has been remedied; and (ii) the Parties shall repeat the Integration Testing, in whole or in part as necessary, to confirm that such Material Defect has been remedied. If such initial efforts to remedy the Material Defect prove unsuccessful, this cycle shall be repeated until (x) Integration Testing results reveal no Material Defects or (y) the CBOT otherwise agrees to issue an Initial Acceptance Certificate, and the CBOT shall not incur any Charges for LIFFE's Services in respect of such repeated cycle(s) in the event that the need to repeat such cycle is due to LIFFE's failure to remedy the Material Defect.
Material Defects. Seller acknowledges disclosure to Buyer of all known material defects in the property and Xxxxx acknowledges receipt of the same and hereby waives any and all future claims based on the disclosed defects. Seller further warrants to Buyer that Xxxxxx neither knows of nor suspects any environmental contamination on the subject property or has made full disclosure to Buyer.
Material Defects. The warranty in section 9.1-9.3 shall not apply to any material defect caused by: (a) any change to the Software, except where such changes were made by OT in relation to the provision maintenance and support services or Licensee proves that defects which have arisen are not attributable to the change/modification and that error analysis and rectification by OT is not effected thereby.; (b) Licensee's failure to provide a suitable installation or operating environment for the Software; (c) use of the Software on a software or hardware platform not approved by OT in writing;
Material Defects. 6.1.1 Details given by the Seller about the properties of the article to be supplied are the result of his measurements and calculations and shall be the article’s agreed nature, but not its warranted qualities or guarantees within the meaning of Article 197 of the Code of Obligations (OR).
