Procurement of Warranties Sample Clauses

Procurement of Warranties. (a) Seller shall obtain the Project Warranty and the original equipment manufacturer and other warranties (including related insurance and other provisions and credit support) in accordance with the Performance Standard, including, with respect to the Project Warranty, this Section 5.2 and Article X, and with respect to the other warranties, this Section 5.2 and the relevant portions of Article X and the Scope Book. Without limiting the foregoing or the other provisions of this Section 5.2 or the Scope Book, the Project Warranty, and with respect to the other warranties, the minimum requirements specified in this Agreement, including Article X and the Scope Book, as a general requirement of warranty procurement, Seller shall obtain Transferred Closing Warranties and Transferred Post-Closing Warranties on terms and conditions that are as beneficial to the owner or holder thereof as reasonably practicable, can be obtained on a commercially reasonable basis from the applicable Contactor or Subcontractor, and are consistent with or better than those customarily obtained by Seller and its Affiliates for projects similar to the Project in respect of which Seller or an Affiliate thereof will retain a majority or controlling interest after substantial completion of the project (e.g., projects supporting power purchase agreements) and/or will secure a Tax Equity Arrangement.36
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Procurement of Warranties. (a) Without limiting Article X (Warranty) (including Section 10.2(b)) or the Performance Standard, Seller shall obtain commercially available warranties in accordance with Good Industry Practices, guarantees, and other terms from each Contractor and Subcontractor for the Work contracted to such Contractor or Subcontractor. Without limiting the foregoing, Seller shall cause all such warranties and guarantees (including those referenced in Section 10.2(b) or otherwise required by the Scope Book) to include Seller and, effective upon the Closing (or, with respect to any post-Closing Work involving any such warranty or guarantee, upon completion of such Work), Buyer as a direct, named beneficiary thereof with an independent right to enforce such warranties and guarantees; provided, however, that Seller shall be required to obtain and have in effect as of Closing, (i) warranties and guarantees from each Contractor or Subcontractor for the Major Project Hardware that satisfy the minimum warranty requirements set forth in the Scope Book and otherwise comply with this Section 5.2 and (ii) other Major Warranties that comply with this Section 5.2. Seller shall transfer its interest in the Transferred Closing Warranties at the Closing and the Transferred Post-Closing Warranties at the Substantial Completion Payment Date; provided that, notwithstanding such transfer and subject to Buyer’s rights in the event of a Step-In Failure under Section 10.4(c), Seller (A) shall be exclusively (as between Buyer and Seller) permitted and obligated to directly administer, manage, and enforce such warranties and guarantees at its sole cost and expense until the end of the Warranty Period, and (B) shall at all times be entitled to any proceeds, services, or other benefits arising from such warranties and guaranties (including any enforcement thereof) to the extent provided by or on behalf of any warranty provider or guarantor and necessary for Seller to perform, or pay for the performance of, Seller’s obligations hereunder. Without limiting the other provisions of this Agreement, Seller shall cooperate with and assist Buyer in the enforcement of each Transferred Closing Warranty and each Transferred Post-Closing Warranty assigned to Buyer (or required to be assigned to Buyer) and take such other and further actions as may be reasonable and necessary for Buyer to obtain the full benefit of each such Transferred Closing Warranty and Transferred Post-Closing Warranty (or required to be...
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Procurement of Warranties. (a) Seller shall obtain the Project Warranty and the original equipment manufacturer and other warranties in accordance with the Performance Standard, including, with respect to the Project Warranty, this Section 5.2 and Article X, and with respect to the other warranties, this Section 5.2 and the relevant portions of Article X and the Scope Book. Without limiting the foregoing or the other provisions of this Section 5.2 or the Scope Book, as a general requirement of warranty procurement, Seller shall obtain Transferred Closing Warranties and Transferred Post-Closing Warranties on terms and conditions that are as beneficial to the owner or holder thereof as reasonably practicable, can be obtained on a commercially reasonable basis from the applicable Contactor or Subcontractor, and are consistent with or better than those customarily obtained by Seller and its Affiliates for projects similar to the Project in which Seller or an Affiliate thereof will retain a majority or controlling interest after substantial completion of the project (e.g., projects supporting power purchase agreements).35
Sample 1
Procurement of Warranties. (a) Without limiting Article X (Warranty) (including Section 10.2(b)) or the Performance Standard, Seller shall obtain warranties, guarantees, indemnitees, and related terms, all in accordance with Good Industry Practices, from each Contractor and Subcontractor for the Work contracted to such Contractor or Subcontractor. Without limiting the foregoing, Seller shall
Sample 1
Procurement of Warranties. (a) Seller shall obtain the Project Warranty and the original equipment manufacturer and other warranties (including related guarantees, indemnities, insurance, credit support and other related rights) in accordance with the Performance Standard, including, with respect to the Project Warranty, this Section 5.2 and Article X, and with respect to the other warranties, this Section 5.2 and the relevant portions of Article X and the Scope Book. Without limiting the foregoing or the other provisions of this Agreement, including Section 5.2 and the Scope Book, the Project Warranty, and with respect to the other warranties, the minimum requirements specified in this Agreement, including Article X and the Scope Book, as a general requirement of warranty procurement, Seller shall obtain Transferred Closing Warranties and Transferred Post-Closing Warranties on terms and conditions that are as beneficial to the owner or holder thereof as reasonably practicable, can be obtained on a commercially reasonable basis from the applicable Contactor or Subcontractor, and are consistent with or better than those customarily obtained by Seller and its Affiliates for projects similar to the Project in which Seller or an Affiliate thereof will retain a majority or controlling interest after substantial completion of the project (e.g., projects supporting power purchase agreements.37
Sample 1

Related to Procurement of Warranties

  • Exclusion of Warranties WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE TOUR OR ANY OTHER ITEMS OR SERVICES COVERED BY OR FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY (I) OF MERCHANTABILITY, (II) OF FITNESS FOR A PARTICULAR PURPOSE, OR (III) ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT WARRANT THAT ANY ITEMS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

  • Disclaimers of Warranties YOU AGREE THAT YOUR USE OF GEOTRUST'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. GEOTRUST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. OTHER THAN THE REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, GEOTRUST DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GEOTRUST MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH GEOTRUST'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GEOTRUST'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GEOTRUST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

  • Manufacturers’ Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.

  • Assignment of Warranties Each Schedule is intended to be a true lease and operating lease as defined in Tex. Bus. & Comm. Code Article 2A. Lessor has acquired or will acquire the Assets in connection with this MOLA and hereby agrees to assign to Lessee any warranties provided to Lessor with respect to the Assets during the Term of the applicable Schedule, to the extent the warranties are assignable. Unless Lessor is the manufacturer or is otherwise liable under the Contract, Lessor shall not be liable for damages for any reason for any act or omission of the manufacturer of the Assets. Except as provided in Section 24 (“Remedies”) hereof, Lessee acknowledges that none of the following shall relieve Lessee from the obligations under this MOLA during the Schedule Term unless due to Lessor’s acts or omissions: (i) Lessee’s dissatisfaction with any unit of the Assets, (ii) the failure of an Asset to remain in useful condition for the Schedule Term, or (iii) the loss or right of possession of the Assets (or any part thereof) by Lessee. Lessee shall have no right, title or interest in or to the Assets except the right to use the same upon the terms and conditions herein contained. The Assets shall remain the sole and exclusive personal property of Lessor and not be deemed a fixture whether or not it becomes attached to any real property of Lessee.

  • Survival of Warranties The warranties, representations and covenants of the Company and Investors contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing and shall in no way be affected by any investigation of the subject matter thereof made by or on behalf of the Investors or the Company.

  • Exclusions of Warranties THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

  • Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS, WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE AND ANY ANCILLARY PRODUCTS OR SERVICES PROVIDED OR SOLD TO YOU ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES CUSTOMERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

  • Service Warranties Contractor warrants that: (i) the Services will be rendered with promptness and diligence and will be executed in a workmanlike manner, in accordance with the practices and professional standards used in well-managed operations performing services similar to the Services; and (ii) Contractor will perform the Services in the most cost-effective manner consistent with the required level of quality and performance. Contractor warrants that each Deliverable will conform to and perform in accordance with the requirements of this Agreement and all applicable specifications and documentation. For each such Deliverable, the foregoing warranty shall commence for such Deliverable upon the JBE’s acceptance of such Deliverable, and shall continue for a period of one (1) year following acceptance. In the event any Deliverable does not to conform to the foregoing warranty, Contractor shall promptly correct all nonconformities to the satisfaction of the JBE.

  • Warranties; Disclaimer of Warranties 5.1 MERCHANT unconditionally represents and warrants to BANK that all sales drafts submitted to BANK hereunder will represent the indebtedness of cardholder with whom MERCHANT has completed a sales transaction in amounts set forth therein for products only, shall not involve any element of credit for any other purposes and shall not be subject to any defense, dispute, offset or counterclaim which may be raised by a cardholder under the Card Associations’ Rules and Regulations, Discover Network Operating Regulations, or the Consumer Credit Protection Act (15 USC 1601) or other relevant state or federal statutes or regulations. Further, MERCHANT warrants that any credit voucher which it issues represents a bona fide refund or adjustment on a card sale by MERCHANT with respect to which a sales draft has been accepted by the BANK.

  • Limitation of Warranties The warranties made by BNYM in this Schedule C, and the obligations of BNYM under this Schedule C, run only to Company and not to its affiliates, its customers or any other persons.

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