Remedies for Breach of Warranty. If the Product does not meet the warranties during the Warranty Period or the term of any Software Support Services, Licensor shall provide, at no charge, the software and Support Services required to attain the warranted levels or standards. If Licensor cannot meet the warranties by performance of Support Services within the time frames and pursuant to the terms and conditions in the Support Services Exhibit , Licensee shall have the right, in addition to any other remedies, within Licensee’s sole discretion to exercise one or more of the following remedies:
Remedies for Breach of Warranty. If the Product does not meet the warranties during the Warranty Period or the term of any Support Services, Licensor shall provide, at no charge, the software and support required to attain the warranted standards. If Licensor cannot meet the warranties by performance of Support Services within the time frames and pursuant to the terms and conditions of this Agreement, GE shall have the right, in its sole discretion, and in addition to any other remedies, to one or more of the following remedies:
Remedies for Breach of Warranty. If any Products do not meet the warranties specified herein, XXX may, at XXX’x option;
Remedies for Breach of Warranty a) Cohesity’s sole obligation under the express warranty set forth in Sections 6.2 and 6.3 shall be, at Cohesity’s option and expense, to repair or replace the applicable component and/or Product; provided that in the event of a breach of the foregoing warranty within thirty (30) days of shipment, Cohesity will replace any non-compliant Product with a new Product within five (5) business days of notice via its then-current RMA procedure described in Cohesity’s standard Support and Maintenance Terms and Conditions (the “Support Terms”) found at xxx.xxxxxxxx.xxx/xxxxxxxxxx (incorporated herein by reference). After the warranty period, Customer is entitled to receive only the support and maintenance services specified for the applicable support level and term that Customer is Entitled to receive in the Support Terms. Cohesity will use commercially reasonable efforts to provide the support and maintenance services for the Products as, and to the extent described in, the Support Terms.
Remedies for Breach of Warranty. In addition to the District’s other rights and remedies hereunder, at law or in equity, the DB Contractor shall be liable for actual damages resulting from its failure to provide corrective Work in accordance with Section 23.1.4 and any breach of an express Warranty or any defect in the Work.
Remedies for Breach of Warranty. In the event that any SVO Battery manufactured or sold by WGL to Medtronic under this Agreement fails to comply with the limited warranty provided for in Article 7 and Medtronic delivers notice of such noncompliance to WGL, within 12 :months of the delivery of such SVO Battery to Medtronic (or within 12 months of Medtronic's discovery of any latent defects in an SVO Battery that are not readily observable by Medtronic), WGL will, upon substantiation that the SVO Battery has been stored, preserved and used in accordance with Section 2.1, correct such failure by suitable repair or replacement at its own expense. WGL agrees that it will promptly inform Medtronic in writing of any actual or potential problems of which WGL becomes aware relating to the performance of any SVO Battery design manufactured for Medtronic relative to the specifications for such design.
Remedies for Breach of Warranty. In the event of a breach of the warranty set forth in Section 6 by Seller, Xxxxx’s sole remedies shall be, at Buyer’s option, either: (i) a refund to Buyer of the purchase price paid by Buyer for non-conforming Products and the transportation costs incurred by Buyer in transporting Products to Buyer’s facility or, at Buyer’s request, credit to Buyer’s account of the amount of said price or (ii) replacement of the non-conforming Products with conforming Products. Alternatively, Xxxxx and Seller may, on a case by case basis, mutually agree in writing to waive the requirement for Products to conform to the warranty. If Buyer elects to replace the non- conforming Products, then Seller shall be responsible for the reasonable costs involved in obtaining and shipping the replacement Products; provided, however, that Seller shall have the right to make the arrangements on behalf of Buyer for replacement of non-conforming Products. Upon Seller’s request, Buyer shall return the non-conforming Products to Seller or otherwise dispose of the non-conforming Products, which is the subject of the refund, credit or replacement, with any reasonable costs incurred by Buyer in connection with such return or disposition to be for Seller’s account. Buyer must notify Seller in writing of any claim for an alleged breach of warranty within ninety (90) days of Buyer’s receipt of Products. After expiration of such ninety (90) day period, Xxxxx will not be entitled to any of the remedies provided herein if Xxxxxx has not been notified in writing of an alleged breach of warranty.
Remedies for Breach of Warranty. If any Products purchased hereunder do not comply with the Warranty specified in Section 8(a), herein, (the “Noncompliant Product”), GLOBALFOUNDRIES shall promptly notify the Supplier, in writing, of any claim of non-compliance with the Warranty. GLOBALFOUNDRIES shall hold the Noncompliant Products until Supplier has received written notice of such claim and shall allow the Supplier to inspect and reasonably to determine if such Products are defective pursuant to the Warranty. [***] In the event Section 8(c) (iii) is [***] selected remedy. [***]
Remedies for Breach of Warranty. 1. Any Product, which fails within the first thirty (30) days after installation, shall be considered Dead on Arrival ("DOA"). DOA Products shall be replaced by Seller immediately upon notification of such occurrence and prior to the return of such DOA Products. For other than DOA occurrences, Unisys may return to Seller any Products in breach of any warranty, and Seller shall reship the repaired or replacement Product to Unisys within thirty ( 30 ) days whenever possible and no later than ninety ( 90 ) days after receipt of the nonconforming Products returned by Unisys.
Remedies for Breach of Warranty. TIMET shall notify XXXXXX of any breach of warranty in Section 6.1 after TIMET has discovered such breach. If it is determined that XXXXXX has breached the warranty in Section 6.1, TIMET shall be entitled solely to the remedies set forth in Section 5.1.
