Specific Warranty Sample Clauses

Specific Warranty. The Participating Generator represents and warrants that: (1) the Net Scheduled QF listed in Schedule 1 is a Qualifying Facility or is operated as an integral part of a Qualifying Facility and (2) the Self-provided Load of the Participating Generator that is served by the Net Scheduling QF either has contracted for and continues through the term of this Agreement to have secured standby service from a UDC or MSS Operator under terms approved by the Local Regulatory Authority or the Federal Energy Regulatory Commission, as applicable, or that the Self- provided Load shall be curtailed concurrently with any Outage of the Generation serving that Self- provided Load in an amount sufficient to cover that Outage.
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Specific Warranty. The Participating Generator represents and warrants that: (1) the Net Scheduled Generating Unit listed in Schedule 1 is (a) a Qualifying Facility or is operated as an integral part of a Qualifying Facility, or (b) is a CHP Resource, and (2) (a) the Self-provided Load of the Participating Generator that is served by the Net Scheduling QF either has, and continues to have through the term of this Agreement, standby service from a UDC or MSS Operator under terms approved by the Local Regulatory Authority or the Federal Energy Regulatory Commission, as applicable, or (b) the Self-provided Load shall be curtailed concurrently with any Outage of the Generation serving that Self-provided Load in an amount sufficient to cover that Outage.
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Specific Warranty. It is hereby warranted that the transport of money to and from the bank is made as follows;
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Specific Warranty. Orbitz represents and warrants that (a) it has sufficient rights or license in or to the Network and the Orbitz Software to perform the Services, (b) it will perform the Services in a good and workmanlike manner and in accordance with the Specifications and (c) the number of segments Orbitz must book via the Worldspan Reservation System to achieve the highest inducement level is [***] air segments and Orbitz is obligated to pay Minimum Segment Fees if Orbitz fails to book [***] total air and car segments via the Worldspan Reservation System. Except as provided in Section 5.4 hereof, during the term of this Agreement, Orbitz shall maintain the availability of the Network Services for the issuance of Supplier Link Tickets in accordance with the Specifications. In case of breach of the warranty set forth in subsection (b) above, Orbitz will promptly correct or re-perform the defective Services, or refund the fees actually paid to Orbitz for the defective Services. Airline acknowledges and agrees that this Section 13.2 and Section 5.1 set forth its exclusive remedy and Orbitz’ exclusive liability for any claim of breach of warranty with respect to the Services. The limitations in the foregoing sentence shall not apply to any failure by Orbitz to perform hereunder that results from the gross negligence or willful misconduct of Orbitz, its officers, employees, representatives, agents, contractors or subcontractors, the breach by Orbitz of its confidentiality obligations pursuant to Section 9 and the indemnities set forth in Section 14 hereof.
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Specific Warranty. Orbitz represents arid warrants that it will perform the Services in a good and workmanlike manner, using only qualified personnel, and that the Network will function in all material respects in accordance with the applicable Specifications, and will be free from material defects in design, materials, and workmanship. In case of a breach of warranty, Orbitz will correct or re-perform the defective Services or correct the Network or, at Orbitz' discretion, refund the fees actually paid to Orbitz for the defective Services or the Network. Airline acknowledges and agrees that this Section and Section 5.1 set forth its exclusive remedy and Orbitz' exclusive liability for any claim of breach of warranty with respect to Section 13.2.
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Specific Warranty. 10.1 The Sellers shall, jointly and severally, indemnify, defend and hold harmless the Buyer and the Company from and against Loss suffered by the Buyer or the Company as a result of a breach of the Specific Warranty below:
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Specific Warranty. The Participating Generator represents and warrants that:
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Related to Specific Warranty

  • Virus Warranty The Contractor represents and warrants that Licensed Software contains no known viruses. Contractor is not responsible for viruses introduced at Licensee’s site.

  • Vendor’s Specific Warranties, Terms, and License Agreements Because TIPS serves public entities and non-profits throughout the nation all of which are subject to specific laws and policies of their jurisdiction, as a matter of standard practice, TIPS does not typically accept a Vendor’s specific “Sale Terms” (warranties, license agreements, master agreements, terms and conditions, etc.) on behalf of all TIPS Members. TIPS may permit Vendor to attach those to this Agreement to display to interested customers what terms may apply to their Supplemental Agreement with Vendor (if submitted by Vendor for that purpose). However, unless this term of the Agreement is negotiated and modified to state otherwise, those specific Sale Terms are not accepted by TIPS on behalf of all TIPS Members and each Member may choose whether to accept, negotiate, or reject those specific Sale Terms, which must be reflected in a separate agreement between Vendor and the Member in order to be effective.

  • Goods Warranty Seller warrants that all Goods provided will be new and will not be used or refurbished. Seller warrants that all Goods delivered shall be free from defects in materials and workmanship and shall conform to all applicable specifications, drawings, samples or other descriptions given, including those set forth in this Agreement and Seller's sales literature, to be of merchantable quality, to correctly process, provide, and/or receive date data within and between the twentieth and twenty-first centuries, and, if of Seller's design, to be suitable for the purpose intended, to meet all of the performance requirements and to be free from defects in design. This warranty shall run to NETAPP, its successors, assigns, and the users of Goods covered by this Agreement. Seller agrees to replace or to correct any Goods not conforming to the foregoing requirements when notified by NETAPP or its successors within three (3) years after final acceptance. Seller hereby agrees that it will make spare parts available to NETAPP for a period of five (5) years from the date of shipment at Sellers then current price, less applicable discounts. If Seller, upon notice of defect, fails promptly to correct or replace the Goods, NETAPP may do so without further notice and Seller shall reimburse NETAPP for all costs incurred thereby. No inspection, test or approval of any kind, including approval of designs, shall affect Seller's obligation under this Section. Goods which have been rejected shall not thereafter be tendered for acceptance unless the former rejection and correction are identified. Replaced or repaired Goods shall be subject to the provisions of this Section 22to the same extent as the original Goods except that the warranty shall run from the last delivery date. NETAPP may return rejected Goods or hold them at Sellers risk and expense, and may in either event charge Seller with costs of transportation, shipping, unpacking, examining, repacking, reshipping, and the like.

  • Specific Waiver The Executive specifically acknowledges that his acceptance of the terms of this Waiver and Release of Claims is, among other things, a specific waiver of any and all Actions under Title VII, ADEA, ADA and any state or local law or regulation in respect of discrimination of any kind; provided, however, that nothing herein shall be deemed, nor does anything herein purport, to be a waiver of any right or Action which by law the Executive is not permitted to waive.

  • Customer Warranty Customer’s and its End Users’ use of the Services must always comply with all applicable Laws and this Agreement.

  • Manufacturer’s Warranty The Goods include the manufacturer’s standard limited parts warranty to replace defective parts covered under such warranty exclusive of labor. Labor is warranted by the Elevator Contractor for 90 days following installation. The manufacturer’s parts warranty may require that the Goods be maintained throughout the warranty period by an authorized manufacturer’s representative under a separate maintenance contract. Any warranty is conditioned on written notice to the Elevator Contractor within warranty period and contingent upon receipt of final payment to Elevator Contractor.

  • Hardware Warranty A. RISK OF LOSS If you purchase any of the hardware Products directly from us, risk of loss or damage to hardware, will pass to you and acceptance will occur upon delivery to your “ship to” address or, if special shipping arrangements are agreed to, upon delivery to your carrier or designee. Title to hardware Products will pass from HPE to you upon full payment for or delivery of the Products, whichever is later. You agree to properly insure the Products for the benefit of HPE between the time risk of loss and damage pass and the time title passes.

  • Price Warranty The Contractor warrants that the prices for the items sold to the City hereunder are not less favorable than those currently extended to any other customer for the same or similar items in similar quantities. The Contractor warrants that prices shown on this Purchase Order/Vendor Contract are complete, and that no additional charge of any type shall be added without the City’s express written consent.

  • 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.

  • SUPPLIER’S WARRANTIES 7.1 Supplier warrants that the Goods:

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