Material Defects definition

Material Defects means defects or bugs in the InterTrust products ---------------- incorporating InterTrust Technology (as defined in Exhibit B hereto) and as delivered by InterTrust to MBC, wherein such defects or bugs cause one or more such InterTrust products to fail to perform: (i) materially in conformance with the capabilities ascribed to such products in the applicable portions of InterTrust Specifications; and (ii) in a commercially reasonable manner in accordance with reasonable software industry practices relating to such capabilities. Material Defects shall not include any defects or bugs introduced as a result of any modification of (or to) the InterTrust Technology by MBC or any Person.
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Material Defects means any item or component of the Project that: (a) contains a material defect in workmanship or materials; (b) deviates materially from the Final Documents and Drawings, other than Permitted Changes; or (c) has not been performed materially in accordance with the terms and conditions of this Agreement.
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Material Defects has the meaning set forth in Section 2.7(d).
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Examples of Material Defects in a sentence

  • Notwithstanding anything to the contrary set forth herein, all items or components of the Project with respect to which no Material Defects are identified in a timely Non-Compliance Notice shall be deemed to be accepted by City, subject to Latent Defects.

  • Upon: (i) correction of all Material Defects identified in the Non-Compliance Notice; or (ii) deemed acceptance pursuant to this Subsection; City shall have no further inspection rights except to ensure compliance by Developer with the Required Permits and as permitted by the Laws.

  • All Material Defects and punchlist items shall be promptly completed; and, upon correction of all Material Defects and punchlist identified in the Non-Compliance Notice, the applicable work shall be deemed completed (subject to Section 12(e)).

  • If City timely delivers a Non-Compliance Notice, then Developer shall correct, or cause to be corrected, as soon as is practicable, all Material Defects identified in the Non-Compliance Notice, except and to the extent that any such Material Defects previously have been accepted, or deemed to have been accepted, by City.


More Definitions of Material Defects

Material Defects means a SELLER's production failure which may pose a hazard to the consumer during intended use and reasonably foreseeable misuse. BUYER shall bear the expense of its representatives' conducting such inspection.
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Material Defects means (a) a Material Title/Survey Defect or (b) a Material Zoning Defect.
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Material Defects means any existing defects in the Software execution which makes it impossible and/or materially difficult to use the Software according to its designated purpose.
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Material Defects means defect(s) or bug(s) in the InterTrust products ------------------ incorporating InterTrust Technology as delivered by InterTrust to NatWest, wherein such defect(s) or bug(s) in such delivered products causes one or more of such delivered InterTrust products to fail to perform: (i) materially in conformance with (a) the capabilities ascribed to such products in the applicable portions of InterTrust Specifications, or (b) features and functions ascribed to such products as specified in Exhibit A; and (ii) in a commercially reasonable manner in accordance with reasonable U.S. software industry practices. Material Defects shall not include or mean any defects or bugs in Modified Technology absent from InterTrust Technology.
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Material Defects means (A) any defect in the soil at the Property or in the structural portions of the Improvements, including, without limitation, roofs, foundations, basic building systems, life-safety systems and parking lots, or (B) any other defects costing, in the aggregate, more than Fifty Thousand Dollars ($50,000) to repair, replace or restore.
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Material Defects means any patent defect in the structural portions of the Improvements, including roofs, foundations and basic building systems, the cost of which to repair is estimated to exceed $10,000.00 on an individual basis. The term Hazardous Materials as used in this Agreement shall mean and refer to all of the following: (a) any hazardous or toxic wastes, materials or substances, or chemicals, and other pollutants or contaminants, which are or become regulated by all applicable local, state, regional and federal orders, ordinances, rules, regulations (as interpreted by judicial and administrative decisions) and laws (collectively, the "Environmental Laws"); (b) asbestos or urea formaldehyde; (c) polychlorinated biphenyls; (d) flammables, explosive, radioactive materials, carcinogens, and lead; and (e) diesel, petroleum or petroleum by-products. Purchaser and its authorized agents shall have the right to enter upon the Property during normal business hours to make and perform
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Related to Material Defects

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

  • Latent Defects means such defects caused by faulty designs, material or work-man- ship which cannot be detected during inspection, testing etc, based on the technology available for carrying out such tests.