Notification of Defects. Upon discovery by the Custodian of a defect with respect to a Mortgage File (including without limitation a missing or defective document contained therein), the Custodian shall give prompt written notice specifying such defect to the Trustee.
Notification of Defects. Licensee shall notify Licensor in writing of any material defect Licensee believes exists in the Licensed Product, and Licensee shall provide to Licensor all information known or reasonably available to Licensee regarding the alleged defect.
Notification of Defects. The Lessee must promptly notify the Lessor of any damage to or defect in the Property, Premises or Services of which the Lessee becomes aware.
Notification of Defects. You must notify us if any defect is found to exist in the Software or the EarlyWorks Services provided by us. Where you notify us of any defect, we will use our best efforts to remedy that defect at our cost, provided only that such defect is not caused by any development, modification, adaptation or improper use of the Software or EarlyWorks Services performed by you or another User.
Notification of Defects. 7.3.1 The Tenant shall notify the Landlord in writing within seven (7) days after the Commencement Date of this Lease of any defects in the Premises.
Notification of Defects. We will perform an inspection of the incoming goods only for the purpose of identifying obvious external (transportation) damage and obvious external deviations in terms of identity and quantity. We will send notification of such defects without undue delay after delivery has been made. In all other cases, we will send notification of defects as soon as these have been identified during our normal course of business.
Notification of Defects. All Products shall be received subject to ISTA's inspection and may be rejected if any such Product fails to conform to the Specifications. ISTA shall be deemed to have accepted each order of Product if BLP does not receive written notice to the contrary (i) within [*] after the later of receipt by ISTA or by its customers of any non-conforming Product containing obvious defects discoverable without affecting the integrity of the Product's packaging and (ii) within [*] of ISTA's discovery of any latent defects. At BLP's request, ISTA shall promptly supply either a sample of the allegedly defective Product, or some other evidence of deficiency, which ISTA or BLP shall specify. In the event of any dispute between BLP and ISTA as to whether any of the Product conforms to the warranties hereunder, a sample of the units in dispute shall be sent by ISTA and BLP to an independent third party testing laboratory mutually agreed to in writing by BLP and ISTA whose findings will be binding on the parties except in cases of gross and manifest error. The cost of such testing and Product shall be borne by the party against which the determination was made.
Notification of Defects. Seller will promptly after discovery advise Buyer of defects and/or non-conformity in Products already shipped to and/or in lots currently in manufacture for Buyer.
Notification of Defects. The Seller shall notify Company in writing within two (2) calendar days upon knowledge of an actual or potentially defective item or service which has been provided to the Company, or to Seller or supplier. If the first notification, due to anticipated severity and/or significance of impact, is by means other than in writing, a written report shall be submitted within five (5) calendar days from the date of notification The notification shall contain the following:
Notification of Defects. All API shall be received subject to NOVACEA’s inspection and may be rejected if any such API fails to be delivered in the condition warranted. NOVACEA shall be deemed to have accepted each order of API if PLANTEX does not receive written notice to the contrary as set forth in this Section 8.2. NOVACEA shall notify PLANTEX in writing within forty-five (45) working days after delivery to NOVACEA of any non-conforming API containing obvious defects discoverable without affecting the integrity of the APl’s packaging and will notify PLANTEX of nonconformity within thirty (30) working days from its discovery at any time of any latent defects, or NOVACEA’s rights as to such obvious or latent non-conformance shall be waived. At PLANTEX’s request, NOVACEA shall promptly supply either samples of the API that are allegedly defective or some other evidence of deficiency that PLANTEX shall specify. If there is a disagreement between the Parties as to whether any API conforms to specifications, or meets the warranties set forth in Section 8.1 above, then samples and/or batch records, as appropriate, from the batch that is in dispute promptly will be submitted for testing and evaluation to an independent testing laboratory as shall be agreed to in writing by both Parties. The determination of such independent testing laboratory shall be binding upon the parties. If it is determined that the nonconformity is due to damage to API (a) caused by NOVACEA or its agents or (b) which occurs subsequent to delivery of such API to NOVACEA, PLANTEX shall have no liability to NOVACEA with respect to such nonconformity and the cost of any testing and evaluation by such testing laboratory shall be borne by NOVACEA. If it is determined that the nonconformity was not the result of either (a) or (b) above, then PLANTEX shall credit NOVACEA’s account for the price invoiced for such nonconforming API (or if payment therefor has previously been made by NOVACEA, pay NOVACEA the amount of such credit or offset the amount thereof against other amounts then due to PLANTEX.
