Alleged Defect definition

Alleged Defect means any alleged defect or deficiency in the planning, design, engineering, grading, construction or development of the Common Elements or any Unit by the Declarant or its contractors, subcontractors, suppliers, agents and employees, including, without limitation, any failure to comply with applicable building codes or federal, state or local laws, ordinances or regulations or any failure to comply with any express or implied warranty or standard of workmanship.
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Alleged Defect means any alleged defect or deficiency in the planning, design, engineering, grading, construction or development of the of the Common Area or any Lot, or the buildings, Residences and other structures or improvements located thereon, by a Declarant Party including, without limitation, any failure to comply with applicable building codes or federal, state or local laws, ordinances or regulations or any failure to comply with any express or implied warranty or standard of workmanship.
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Examples of Alleged Defect in a sentence

  • Failure to so notify Seller within thirty (30) days of Buyer’s first discovery of the Alleged Defect shall be deemed a waiver of any right to assert a claim for said Alleged Defect, or any other claim for the same Alleged Defect in another location on the property as a continuing defect, error or omission.

  • Notify Seller in writing delivered by certified mail, return receipt requested, by overnight courier service (e.g. FedEx or UPS) or by personal service, of the nature of any claim, error or omission (“Alleged Defect”), stating the location and description of each Alleged Defect in sufficient detail to determine the general nature of the Alleged Defect and any damages claimed to have been caused by the Alleged Defect (“Defect Notice”).

  • Allow Seller thirty (30) days from the date Seller receives the Defect Notice to assess the Alleged Defect and forty-five (45) days from the date Seller receives the Defect Notice to commence repairs if necessary, which repairs shall be pursued diligently to conclusion.

  • In the event Seller denies liability of the Alleged Defect or Buyer disagrees with ▇▇▇▇▇▇’s proposed repairs, ▇▇▇▇▇ expressly agrees to participate in the Dispute Resolution Process outlined in Section 22.

  • If a Claimant discovers an Alleged Defect, within fifteen (15) days after discovery thereof, Claimant shall give written notice of the Alleged Defect (“Notice of Alleged Defect”) to the Developer constructing the Improvement with respect to which the Alleged Defect relates.

  • If the Association as a Claimant recovers any funds from a Developer (or any other person or entity) to repair an Alleged Defect, any excess funds remaining after repair of such Alleged Defect shall be paid in to the Association’s reserve fund.

  • Nothing set forth in this Article shall be construed to impose any obligation on a Developer to inspect, test, repair, or replace any item or Alleged Defect for which such Developer is not otherwise obligated under applicable law or any warranty provided by such Developer in connection with the sale of the Lots and Residential Units and/or the Improvements constructed thereon.

  • If a person or entity (“Claimant”) claims, contends, or alleges an Alleged Defect, each Developer shall have the right to inspect, repair, and/or replace such Alleged Defect as set forth herein.

  • The right reserved to Developer to enter, inspect, test, repair and/or replace an Alleged Defect shall be irrevocable and may not be waived or otherwise terminated with regard to a Developer except by a written document executed by such Developer and recorded in the records of the County.

  • The right reserved to Developer to enter, inspect, test, repair and/or replace an Alleged Defect shall be irrevocable and may not be waived or otherwise terminated with regard to a Developer except by a written document executed by such ▇▇▇▇▇▇▇▇▇ and recorded in the records of the County.

Related to Alleged Defect

  • Material Defect As defined in Section 2.02(c) hereof.

  • Title Defect means any lien, charge, Encumbrance, defect, or other matter that, as of the Execution Date, causes Seller or any Selling Subsidiary not to have Defensible Title in and to the Conveyed Interests; provided that the following shall not be considered Title Defects:

  • Latent Defect means a defect, inherently lying within the material or arising out of design deficiency, which do not manifest themselves and/or was not reasonably discoverable during Defect Liability period.

  • Environmental Defect means, with respect to any given Asset, a material violation of Environmental Laws in effect as of the Effective Time in the jurisdiction in which such Asset is located.

  • Title Defects has the meaning set forth in Section 5.15(b).