Procurement of Warranties Sample Clauses

Procurement of Warranties. (a) Seller shall obtain the Project Warranty and the original equipment manufacturer and other warranties (including related insurance and other provisions and credit support) in accordance with the Performance Standard, including, with respect to the Project Warranty, this Section 5.2 and Article X, and with respect to the other warranties, this Section 5.2 and the relevant portions of Article X and the Scope Book. Without limiting the foregoing or the other provisions of this Section 5.2 or the Scope Book, the Project Warranty, and with respect to the other warranties, the minimum requirements specified in this Agreement, including Article X and the Scope Book, as a general requirement of warranty procurement, Seller shall obtain Transferred Closing Warranties and Transferred Post-Closing Warranties on terms and conditions that are as beneficial to the owner or holder thereof as reasonably practicable, can be obtained on a commercially reasonable basis from the applicable Contactor or Subcontractor, and are consistent with or better than those customarily obtained by Seller and its Affiliates for projects similar to the Project in respect of which Seller or an Affiliate thereof will retain a majority or controlling interest after substantial completion of the project (e.g., projects supporting power purchase agreements) and/or will secure a Tax Equity Arrangement.36
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Procurement of Warranties. (a) Without limiting Article X (Warranty) (including Section 10.2(b)) or the Performance Standard, Seller shall obtain commercially available warranties in accordance with Good Industry Practices, guarantees, and other terms from each Contractor and Subcontractor for the Work contracted to such Contractor or Subcontractor. Without limiting the foregoing, Seller shall cause all such warranties and guarantees (including those referenced in Section 10.2(b) or otherwise required by the Scope Book) to include Seller and, effective upon the Closing (or, with respect to any post-Closing Work involving any such warranty or guarantee, upon completion of such Work), Buyer as a direct, named beneficiary thereof with an independent right to enforce such warranties and guarantees; provided, however, that Seller shall be required to obtain and have in effect as of Closing, (i) warranties and guarantees from each Contractor or Subcontractor for the Major Project Hardware that satisfy the minimum warranty requirements set forth in the Scope Book and otherwise comply with this Section 5.2 and (ii) other Major Warranties that comply with this Section 5.2. Seller shall transfer its interest in the Transferred Closing Warranties at the Closing and the Transferred Post-Closing Warranties at the Substantial Completion Payment Date; provided that, notwithstanding such transfer and subject to Buyer’s rights in the event of a Step-In Failure under Section 10.4(c), Seller (A) shall be exclusively (as between Buyer and Seller) permitted and obligated to directly administer, manage, and enforce such warranties and guarantees at its sole cost and expense until the end of the Warranty Period, and (B) shall at all times be entitled to any proceeds, services, or other benefits arising from such warranties and guaranties (including any enforcement thereof) to the extent provided by or on behalf of any warranty provider or guarantor and necessary for Seller to perform, or pay for the performance of, Seller’s obligations hereunder. Without limiting the other provisions of this Agreement, Seller shall cooperate with and assist Buyer in the enforcement of each Transferred Closing Warranty and each Transferred Post-Closing Warranty assigned to Buyer (or required to be assigned to Buyer) and take such other and further actions as may be reasonable and necessary for Buyer to obtain the full benefit of each such Transferred Closing Warranty and Transferred Post-Closing Warranty (or required to be...
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Procurement of Warranties. (a) Seller shall obtain the Project Warranty and the original equipment manufacturer and other warranties in accordance with the Performance Standard, including, with respect to the Project Warranty, this Section 5.2 and Article X, and with respect to the other warranties, this Section 5.2 and the relevant portions of Article X and the Scope Book. Without limiting the foregoing or the other provisions of this Section 5.2 or the Scope Book, as a general requirement of warranty procurement, Seller shall obtain Transferred Closing Warranties and Transferred Post-Closing Warranties on terms and conditions that are as beneficial to the owner or holder thereof as reasonably practicable, can be obtained on a commercially reasonable basis from the applicable Contactor or Subcontractor, and are consistent with or better than those customarily obtained by Seller and its Affiliates for projects similar to the Project in which Seller or an Affiliate thereof will retain a majority or controlling interest after substantial completion of the project (e.g., projects supporting power purchase agreements).35
Sample 1
Procurement of Warranties. (a) Seller shall obtain the Project Warranty and the original equipment manufacturer and other warranties (including related guarantees, indemnities, insurance, credit support and other related rights) in accordance with the Performance Standard, including, with respect to the Project Warranty, this Section 5.2 and Article X, and with respect to the other warranties, this Section 5.2 and the relevant portions of Article X and the Scope Book. Without limiting the foregoing or the other provisions of this Agreement, including Section 5.2 and the Scope Book, the Project Warranty, and with respect to the other warranties, the minimum requirements specified in this Agreement, including Article X and the Scope Book, as a general requirement of warranty procurement, Seller shall obtain Transferred Closing Warranties and Transferred Post-Closing Warranties on terms and conditions that are as beneficial to the owner or holder thereof as reasonably practicable, can be obtained on a commercially reasonable basis from the applicable Contactor or Subcontractor, and are consistent with or better than those customarily obtained by Seller and its Affiliates for projects similar to the Project in which Seller or an Affiliate thereof will retain a majority or controlling interest after substantial completion of the project (e.g., projects supporting power purchase agreements.37
Sample 1
Procurement of Warranties. (a) Without limiting Article X (Warranty) (including Section 10.2(b)) or the Performance Standard, Seller shall obtain warranties, guarantees, indemnitees, and related terms, all in accordance with Good Industry Practices, from each Contractor and Subcontractor for the Work contracted to such Contractor or Subcontractor. Without limiting the foregoing, Seller shall
Sample 1

Related to Procurement of Warranties

  • Exclusion of Warranties WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE TOUR OR ANY OTHER ITEMS OR SERVICES COVERED BY OR FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY (I) OF MERCHANTABILITY, (II) OF FITNESS FOR A PARTICULAR PURPOSE, OR (III) ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT WARRANT THAT ANY ITEMS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

  • Disclaimers of Warranties YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

  • Manufacturers’ Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.

  • Assignment of Warranties Each Schedule is intended to be a true lease and operating lease as defined in Tex. Bus. & Comm. Code Article 2A. Lessor has acquired or will acquire the Assets in connection with this MOLA and hereby agrees to assign to Lessee any warranties provided to Lessor with respect to the Assets during the Term of the applicable Schedule, to the extent the warranties are assignable. Unless Lessor is the manufacturer or is otherwise liable under the Contract, Lessor shall not be liable for damages for any reason for any act or omission of the manufacturer of the Assets. Except as provided in Section 24 (“Remedies”) hereof, Lessee acknowledges that none of the following shall relieve Lessee from the obligations under this MOLA during the Schedule Term unless due to Lessor’s acts or omissions: (i) Lessee’s dissatisfaction with any unit of the Assets, (ii) the failure of an Asset to remain in useful condition for the Schedule Term, or (iii) the loss or right of possession of the Assets (or any part thereof) by Lessee. Lessee shall have no right, title or interest in or to the Assets except the right to use the same upon the terms and conditions herein contained. The Assets shall remain the sole and exclusive personal property of Lessor and not be deemed a fixture whether or not it becomes attached to any real property of Lessee.

  • Survival of Warranties The warranties, representations and covenants of the Company and Investors contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing and shall in no way be affected by any investigation of the subject matter thereof made by or on behalf of the Investors or the Company.

  • Exclusions of Warranties THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

  • Disclaimer of Warranties EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  • Negation of Warranties Stanford provides ***** the rights granted in this Agreement AS IS and WITH ALL FAULTS. Stanford makes no representations and extends no warranties of any kind, either express or implied. Among other things, Stanford disclaims any express or implied warranty:

  • Service Warranties Contractor warrants that: (i) the Services will be rendered with promptness and diligence and will be executed in a workmanlike manner, in accordance with the practices and professional standards used in well-managed operations performing services similar to the Services; and (ii) Contractor will perform the Services in the most cost-effective manner consistent with the required level of quality and performance. Contractor warrants that each Deliverable will conform to and perform in accordance with the requirements of this Agreement and all applicable specifications and documentation. For each such Deliverable, the foregoing warranty shall commence for such Deliverable upon the JBE’s acceptance of such Deliverable, and shall continue for a period of one (1) year following acceptance. In the event any Deliverable does not to conform to the foregoing warranty, Contractor shall promptly correct all nonconformities to the satisfaction of the JBE.

  • Survival of Warranties and Certain Agreements A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder, the execution and delivery of the Notes and the issuance of the Letters of Credit.

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