Project Hardware definition
Examples of Project Hardware in a sentence
Such warranties shall be obtained for the benefit of Purchaser, as well as for Seller, and, other than with respect to any subcontract in respect of any Project Hardware, shall be assignable to Purchaser or Purchaser’s designee upon Purchaser’s request, provided that Purchaser hereby agrees to allow Seller to call upon such warranties to the extent necessary to allow Seller to fulfill its warranty obligations hereunder.
Seller warrants that (i) the Work and every component thereof will be performed in accordance with the Requirements, and (ii) each applicable item of Project Hardware shall conform to the applicable warranty requirement set forth on Exhibit K.
Until the Project Substantial Completion Date, except to the extent otherwise provided herein upon the earlier termination of this Agreement as provided in Article 25, Seller assumes risk of loss and, without limitation of its right to make claims for relief pursuant to Section 9.2, responsibility for the cost of replacing or repairing any damage to the Work, the Project, or any portion thereof, including Project Hardware.
Contractor shall have care, custody, risk of loss, and control of all Project Hardware and other items that have been installed until the earlier of (i) the Substantial Completion Date and (ii) the date of termination of this Agreement.
Such management rights shall include the rights to hire, discharge, promote and transfer employees; to select and remove persons or supervision; to establish and enforce reasonable standards of production; to introduce labor saving Project Hardware; to determine the number of craftsmen necessary to perform a task, job or project; and to establish, maintain and enforce rules and regulations conducive to efficient and productive operations.
Without limiting Contractor’s obligations to perform the Work in accordance with this Agreement, Contractor shall have the right, at its own cost and expense, to take any action, including changing Project Hardware or making design changes, that is immaterial and generally consistent with this Agreement and that Contractor determines to be reasonably necessary to meet the requirements of this Agreement.
If Contractor believes there may be a basis for an Intellectual Property Claim, Contractor may take any of the actions set forth above in (a), (b) or (c) of this Section 22.3. In no event shall Contractor take any action pursuant to (a), (b) or (c) of this Section 22.3 which adversely affects Owner’s continued use and enjoyment of the applicable service, Project Hardware, or other Work without the prior written consent of Owner.
All Project Hardware furnished by Contractor shall be new and unused when installed unless the Parties agree otherwise in writing.
The inspection by the Inspector shall not relieve Contractor of any responsibility for furnishing and installing the Project Hardware or performing the Work in accordance with this Agreement.
Notwithstanding Section 11.1(a), subject to the Inspector having completed Contractor’s safety training, the Inspector shall have free access to the Project Hardware and the Work at the Site during all hours that Contractor or its Subcontractors are on Site performing Work and the Inspector may observe the Work at the Site during such time period subject to compliance with Contractor’s Safety Procedures.