Existing Warranties. Replace, patch and repair materials and surfaces cut or damaged by methods and with materials in such a manner as not to void any warranties required or existing.
Existing Warranties. Existing manufacturer and third party warranties on the Assets are assigned to PrimeSource as of the Closing Date. Except as specifically agreed otherwise herein, XXXX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, CONCERNING THE ASSETS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Existing Warranties. The Settlement provides for the exclusive remedies for Plaintiffs and Settlement Class Members with respect to any Claim over a Class Generator. This Settlement does not in any way extend, enhance, or modify the terms, existence, duration, or scope of any existing unexpired written warranty.
Existing Warranties. The exclusive remedy for Plaintiffs and Settlement Class Members for Past Property Damage Claims and Future Property Damage Claims with respect to Qualifying Leaks through the duration of the Claim Period shall be a Claim from the Net Settlement Fund. Any claim by a Settlement Class Member under NIBCO’s Limited Warranty after the Claim Period must be valid, timely and in accordance with the requirements of applicable law, and must comply with the express provisions of the Limited Warranty in all respects. Plaintiffs and Settlement Class Members shall be informed in the Settlement Notice and thereby acknowledge that NIBCO contends that its Limited Warranty does not extend coverage to design defects, imposes conditions precedent such as notice of a leak and submission of the allegedly failed product for inspection, and limits recovery. Any Limited Warranty that has expired or expires during the Claim Period remains expired and provides no further benefit. For the avoidance of doubt, nothing in this Settlement extends or tolls the duration of any Limited Warranty for any period of time before, during, or after the Claim Period. Any challenge to any adverse determination by NIBCO of a claim to NIBCO submitted under the Limited Warranty for a leak that occurs after the close of the Claim Period shall be submitted to the Special Master, who shall retain exclusive jurisdiction over such matters. The Special Master shall have the authority to decide whether the Limited Warranty is applicable to the Settlement Class Member’s warranty claim, whether the Settlement Class Member satisfied all conditions in the Limited Warranty, and, if so, whether NIBCO breached the Limited Warranty, and, if so, the amount of any remedy to the Settlement Class Member in accordance with the terms of the Limited Warranty. Conclusions of law or fact reached by the Special Master may be reviewed by the Court upon request of the Claimant or NIBCO. Any conclusions of law reached by the Special Master will be reviewed de novo. Findings of fact will be subject to a clearly erroneous standard of review. For these purposes, NIBCO shall pay the cost of the Special Master outside of and in addition to the Class Settlement Fund.
Existing Warranties. The Settlement Agreement does not extinguish, abrogate, diminish, or limit Settlement Class Members’ warranty rights under their limited warranties that accompanied their purchase of an LG Refrigerator. For as long as those limited warranties remain in effect, all Settlement Class Members can pursue a warranty claim under their limited warranties for any issue with their LG Refrigerator, including, without limitation, a No-Cooling Event, for any claim that has not already been subject to relief from LG or through this Settlement Agreement.
Existing Warranties. The Settlement Agreement shall not extinguish, abrogate, diminish, limit, or release Settlement Class Members’ warranty rights under the limited warranties that accompanied their purchase of the Covered Solar Modules.
Existing Warranties. If the equipment to be serviced is still covered by an existing warranty, Servicer will assist Client and may perform service at no charge to the Client, to the extent permitted by the warranty, and will charge the Warrantor therefore, so long as the Client makes Servicer aware of and provides information necessary for Servicer to obtain Warrantor approvals under the existing warranty at the time the Client contacts Servicer for service.
Existing Warranties a. If there is existing manufacturer’s warranty coverage at the time of a claim, We may require that warranty be used to resolve the claim.
Existing Warranties. Landlord shall provide Tenant the benefit of all warranties and service contracts which are available to Landlord under or in connection with the premises, including, without limitation, the roof, the foundations and any machinery and equipment located thereon and all systems included therein, including, without limitation, all HVAC, mechanical, electrical and plumbing systems. Landlord hereby grants Tenant the right to enforce in the name of and on behalf of Landlord all warranties (and those service contracts as are designated by Tenant in writing) in any way affecting or benefitting the premises and/or the Building or any part thereof or any mechanical, electrical, HVAC, roof or other system therein including, without limitation, those warranties and service contracts set forth in Exhibit E attached hereto.
Existing Warranties. Seller shall assign, in accordance with the relevant terms of such guaranties and warranties and at Seller's expense (if any cost is imposed) and obtain any consent required to make such assignment effective against the contractor or supplier or other applicable party, these specific warranties given to Seller that have not expired, in connection with the operation, construction, improvement, alteration or repair of the Property (such warranties, together with any warranties assigned pursuant to the general assignment of Intangible Personal Property provided for in Section 6.2.3, being, collectively, the "Existing Warranties"): Warranties on the roofing materials and installation and the HVAC equipment; and Warranties under the general construction contract and architect's agreement.
