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.
Seller shall have care, custody, and control of all Project Hardware and other items that become part of the Project, and exercise due care with respect thereto until the earlier of (a) the Project Substantial Completion Date and (b) the termination of this Agreement as contemplated in Article 25.
O&M Contractor, as agent for Owner, shall be responsible for pursuing compliance of all performance obligations owed to Owner pursuant to the Project Hardware Warranties and BOT Warranty.
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.
There is an exception for IT software licences and support agreements which are usually on the suppliers own terms.
Without limiting the foregoing, Contractor shall be responsible for inspection and, to the extent Contractor deems necessary using its reasonable judgment, testing of the Project Hardware and all components thereof in accordance with Prudent Utility Practice.
Upon the termination of this Agreement, Owner shall have care, custody and control of all Project Hardware and other items that have been installed as part of the Project.
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.