Common use of Material Defects Clause in Contracts

Material Defects. The exhibitor must contest material defects immediately to LMS both verbally and in writing. The exhibitor can only de- rive claims from these if LMS does not remedy them within a reasonable period, or if remedy is not possible or has been refused. However, the exhibitor is only entitled to cancellation without notice or to an appropriate reduction in rent. Further liability of LMS is excluded unless the defect is due to gross negligence or wilful intent on the part of LMS or their vicarious agents, or to the lack of guaranteed quality. § 536 of the Ger- man Civil Code and the terms of 5.1 are unaffected.

Material Defects. The exhibitor must contest material defects immediately to LMS both verbally and in writing. The exhibitor can only de- rive derive claims from these if LMS does not remedy them within a reasonable period, or if remedy reme- dy is not possible or has been refused. However, the exhibitor is only entitled to cancellation without notice or to an appropriate reduction in rent. Further liability of LMS is excluded unless the defect is due to gross negligence or wilful intent on the part of LMS or their vicarious agents, or to the lack of guaranteed quality. § 536 of the Ger- man German Civil Code and the terms of 5.1 are unaffected.