Materials etc Sample Clauses

Materials etc or workmanship do not otherwise comply with the requirements of this Agreement, OWNER shall promptly notify CONTRACTOR thereof, and CONTRACTOR shall [subject to the limitations set forth below?] remedy and correct any such defects to the reasonable satisfaction of OWNER by repairing or replacing the defective equipment . . .
Sample 1
Materials etc or workmanship, estimates the cost of repair or replacement thereof to be [and the cost actually is] ____________________ thousand U.S. Dollars (US$______________) or less; provided that in the event the cost of such repairs or replacements in the aggregate equal $_____________, CONTRACTOR shall be obligated for any further repairs or replacements. Subject to the preceding proviso, on each such occasion OWNER shall be responsible for such repair or replacement and shall bear the cost thereof. If OWNER estimates the cost of a repair or replacement to be in excess of _________________ thousand U.S. Dollars (US$____________) and CONTRACTOR performs the same and the cost therefor is less than such amount, OWNER shall pay to CONTRACTOR the costs of such repair or replacement within thirty (30) days after OWNER receives CONTRACTOR's invoice therefor. For the purposes of this Section 11.2 the words [?"cost" or "costs" shall mean those amounts which would have been paid by OWNER to CONTRACTOR for the aforesaid repairs or replacements had they been made pursuant to the costs, rates, charges and allowances set forth in Annex D.?] CONTRACTOR shall not be obligated to repair or replace any such workmanship which becomes defective as the result of improper operation or maintenance or of operating conditions more severe than those contemplated in the original design for the Work [set forth in __________].
Sample 1
Materials etc. The Company shall ensure that no damage of any kind is caused to the Venue or any part thereof or any fixtures or fittings therein (including without limitation the field of play and any spider cam) in any manner whatsoever and that the field of play is entirely safe for use by the players and Match officials following the end of the Event. The Company acknowledges that it cannot use any permanent installations on the field of play and all Event materials should be removed entirely from the field of play by 7:15pm. The Company shall ensure that the stage, the setup and the props are planned for in a manner that they arrive onto the field of play ready to be assembled together. The Company shall ensure that any trussing needs to be outside the boundary rope and needs to be dismantled at least 20 minutes before the start of the match.
Sample 1
Materials etc. Upon any termination of my Employment for any reason, I will preserve intact and immediately deliver to the Company all originals and all copies of all BindView Materials, as well as all other property of any BindView Company, that are in my possession, custody, or control. I will not remove or assist in removing any BindView Materials or other property of any BindView Company from such company’s premises under any circumstances, either during my Employment or after its termination, except in the course of my Employment or with the prior written consent of the Company.
Sample 1
Materials etc. Upon the request of Company and, in any event, upon the termination of your employment, you shall return to Company and leave at its disposal all originals and copies in whatever form (including, without limitation, paper and electronic media of any kind) of memoranda, emails, notes, records, drawings, manuals and other documents or materials pertaining to the business of Company or your specific duties for Company, and you shall retain no copies. You shall also return to Company and leave at its disposal all originals and copies of materials involving any Confidential Information of Company. Anything to the contrary notwithstanding, you shall be entitled to retain (i) papers and other materials of a personal nature, to the extent such items do not contain and are not based on Confidential Information, including, but not limited to, photographs, correspondence, personal diaries, calendars and rolodexes, personal files and phone books, (ii) information showing your compensation or relating to reimbursement of expenses, (iii) information that you reasonably believe may be needed for tax purposes and (iv) copies of plans, programs and agreements relating to your equity awards or to your employment, or termination thereof, with the Company.
Sample 1

Related to Materials etc

  • Materials Transfer In order to facilitate the Development activities contemplated by this Agreement, either Party may provide to the other Party certain biological materials or chemical compounds Controlled by the supplying Party (collectively, “Materials”) for use by the other Party in furtherance of such Development activities. Except as otherwise provided for under this Agreement, all such Materials delivered to the other Party will remain the sole property of the supplying Party, will be used only in furtherance of the Development activities conducted in accordance with this Agreement, will not be used or delivered to or for the benefit of any Third Party, except for subcontractors, without the prior written consent of the supplying Party, and will be used in compliance with all Applicable Laws. The Materials supplied under this Agreement must be used with prudence and appropriate caution in any experimental work because not all of their characteristics may be known. Except as expressly set forth in this Agreement, THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR ANY WARRANTY THAT THE USE OF THE MATERIALS WILL NOT INFRINGE OR VIOLATE ANY PATENT OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY.

  • Materials and Supplies Recipient shall reimburse Provider for all materials and supplies furnished and that are used or damaged by Recipient during the period of assistance, except for the costs of equipment, fuel and maintenance materials, labor, and supplies, which shall be included in the equipment rate established in subsection B of this section (Section VII), Recipient will not be responsible for costs where such damage is caused by gross negligence, willful and wanton misconduct, intentional misuse, or recklessness of Provider's personnel. Provider's personnel shall use reasonable care under the circumstances in the operation and control of all materials and supplies used during the period of assistance. The measure of reimbursement shall be determined in accordance with 44 C.F.R. 206.228. In the alternative, the parties may agree that Recipient will replace, with like kind and quality as determined by Provider, Provider’s materials and supplies used or damaged in a reasonable time. If such an agreement is made, it shall be reduced to writing and transmitted to the North Carolina Division of Emergency Management.

  • MATERIALS AND WORKMANSHIP Unless otherwise specified, all materials and equipment incorporated in the work under the Contract shall be new. All workmanship shall be first class and by persons qualified in the respective trades.

  • Materials and Equipment 5.4.1 The Owner shall and does have the right to approve any and all materials and equipment used in the construction of the Project.

  • Computational Materials and Structural Term Sheets (a) Not later than 10:30 a.m., New York time, on the business day before the date on which the Current Report relating to the Offered Certificates of a Series is required to be filed by the Company with the Commission pursuant to Section 5(b) hereof, the Underwriter shall deliver to the Company five complete copies of all materials provided by the Underwriter to prospective investors in such Offered Certificates that constitute (i) "Computational Materials" within the meaning of the no-action letter dated May 20, 1994 issued by the Division of Corporation Finance of the Commission to Xxxxxx, Xxxxxxx Acceptance Corporation I, Xxxxxx, Peabody & Co. Incorporated, and Xxxxxx Structured Asset Corporation and the no-action letter dated May 27, 1994 issued by the Division of Corporation Finance of the Commission to the Public Securities Association (together, the "Xxxxxx Letters"), the filing of which material is a condition of the relief granted in such letter (such materials being the "Computational Materials"), and (ii) "Structural Term Sheets" within the meaning of the no-action letter dated February 17, 1995 issued by the Division of Corporation Finance of the Commission to the Public Securities Association (the "PSA Letter"), the filing of which material is a condition of the relief granted in such letter (such materials being the "Structural Term Sheets"). Each delivery of Computational Materials and Structural Term Sheets to the Company pursuant to this paragraph (a) shall be effected by delivering four copies of such materials to counsel for the Company on behalf of the Company at the address specified in Section 3 hereof and one copy of such materials to the Company.

  • Materials of Environmental Concern have not been transported or disposed of from the Properties in violation of, or in a manner or to a location which could give rise to liability under, any Environmental Law, nor have any Materials of Environmental Concern been generated, treated, stored or disposed of at, on or under any of the Properties in violation of, or in a manner that could give rise to liability under, any applicable Environmental Law, except insofar as any such violation or liability referred to in this paragraph, or any aggregation thereof, could not reasonably be expected to result in the payment of a Material Environmental Amount.

  • CERTIFICATION OF NO ASBESTOS CONTAINING MATERIALS OR WORK 8.1 The Contractor shall be responsible for ensuring that no asbestos containing materials or work is included within the scope of the Work. The Contractor shall take whatever measures it deems necessary to insure that all employees, suppliers, fabricators, material men, subcontractors, or their assigns, comply with this requirement.

  • Quality of Materials and Workmanship Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials and work. The burden of proof is on the Contractor.

  • Materials/Proprietary Infringement Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in paragraph “Z” below, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.

  • Hazardous Materials Activities, Etc Each Credit Party shall promptly take, and shall cause each of its Subsidiaries promptly to take, any and all actions necessary to (i) cure any violation of applicable Environmental Laws by such Credit Party or its Subsidiaries that could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect, and (ii) make an appropriate response to any Environmental Claim against such Credit Party or any of its Subsidiaries and discharge any obligations it may have to any Person thereunder where failure to do so could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect.