Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following:
Exclusions and Disclaimer. Notwithstanding any other terms of this Agreement, Good shall have no liability to You for any Infringement Claim to the extent arising out of or related to: (a) use of Good Dynamics Software in connection or in combination with any equipment, devices or software not provided by Good; (b) use of the Good Dynamics Software in a manner for which it was not designed; (c) any modification of the Good Dynamics Software by anyone other than Good; (d) compliance by Good with Your designs, specifications, guidelines or instructions; (e) continued allegedly infringing activity by You after being notified thereof or being informed of modifications that would have avoided the alleged infringement; or (for (f) Your use of the Good Dynamics Software after Good’s notice to You that You must cease use of such software to avoid further infringement. In addition, Good shall not be responsible for any compromise or settlement of any Infringement Claim made by You without Good’s prior written consent.
Exclusions and Disclaimer. Any lost energy production resulting from the following shall be “Excluded Lost Production” for purposes of calculating the Production Guaranty:
Exclusions and Disclaimer. Emcore's warranties set forth in SECTIONS 7.1.1 and 7.1.2 do not apply to expendable items, including those items listed in Exhibit B attached hereto. Also excluded from Emcore's foregoing warranties are any components identified by Emcore to Hakuto as being the subject of manufacturer's or licensor's warranties, which warranties shall be deemed assigned to Hakuto at the time title to the goods passes to Hakuto. With respect to all such components, subject to the provisions of SECTIONS 7.5 and 10.5, Hakuto's remedy shall be limited to the warranty and remedy provided by the manufacturer or the licensor of said components, and Emcore's liability obligation shall be limited to the exercise of its best efforts to assist Hakuto in obtaining the benefit of such manufacturer's or licensor's warranties. The foregoing limitation with respect to components shall not apply to Emcore manufactured or designed components.
Exclusions and Disclaimer. THE EXPRESS WARRANTY GRANTED ABOVE SHALL EXTEND DIRECTLY TO AUTHORIZED DISTRIBUTORS AND, EXCEPT AS PROVIDED IN SECTIONS 7.5 AND 10.5, IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. Except as provided in SECTION 7.5 and 10.5, Emcore will be liable under this warranty only for replacement of the defective Product or, at the option of Hakuto or the customer, credit of the Customer Price of the defective Product.
Exclusions and Disclaimer. DocuSign Envelope ID: 4DA869EF-3722-4896-B799-CB24B7538008 The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following:
Exclusions and Disclaimer. The warranties and guarantee provided in this warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: ● someone other than a Next Generation Energy employee or its approved service providers installed, removed, re-installed or repaired the system; ● destruction or damage to the system or its ability to safely produce power not caused by Next Generation Energy or its approved service providers while servicing the system (e.g. if a tree falls on the System); ● your failure to perform, or breach of, your obligations under the Term (e.g. you modify or alter the system); ● your breach of this warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; ● any Force Majeure Event (as defined below); ● shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; ● any system failure or lost production not caused by a system defect (e.g. the system is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non-shaded area); and ● theft of the system This warranty gives you specific rights, and you may also have other rights which vary from state to state. This warranty does not warrant any specific electrical performance of the system, other than that described above.
Exclusions and Disclaimer. The limited warranties and benefits provided in this Exhibit I, do not apply to any lost power production or any repair, replacement or correction required due to the following:
Exclusions and Disclaimer. EMCORE's warranties set forth in paragraphs 7(a) and (b) above do not apply to expendable items, including those items listed in Exhibit B attached hereto. Also excluded from EMCORE's
Exclusions and Disclaimer. THE LICENSOR’S INDEX AND THE LICENSOR’S INDEX DATA ARE PROVIDED AS IS AND OTHER THAN THE FOREGOING, LICENSOR MAKES NO OTHER EXPRESS WARRANTIES, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE LICENSOR DOES NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF LICENSOR’S INDEX AND THE LICENSOR’S INDEX DATA OR ANY OTHER DATA RELATED THERETO, AND THE LICENSOR SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN. THE LICENSOR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO ANY RESULTS TO BE OBTAINED BY THE LICENSEE OR ANY OTHER PERSON OR ENTITY FROM THE USE OF LICENSOR’S INDEX AND THE LICENSOR’S INDEX DATA OR ANY OTHER DATA RELATED THERETO. THE LICENSOR SHALL NOT BE LIABLE TO THE LICENSEE IN THE EVENT THAT THE LICENSOR’S INDEX AND THE LICENSOR’S INDEX DATA IS INTERRUPTED, CHANGED OR BECOME UNAVAILABLE FOR ANY REASON BEYOND ITS REASONABLE CONTROL.
