Common use of Acceptance of the Work Clause in Contracts

Acceptance of the Work. Upon receipt of notice by Honeywell that the Work is ready for final inspection and acceptance, Customer will make such final inspection and issue acceptance within three (3) business days. Acceptance will be in a form provided by Honeywell, stating that to the best of Customer’s knowledge, information and belief, and on the basis of Customer’s on-site visits and inspections, the Work has been fully completed in accordance with the terms and conditions of this Agreement. If Customer finds the Work unacceptable due to non-compliance with a material element of this Agreement, which non-compliance is due solely to the fault of Honeywell, Customer will notify Honeywell in writing within the three (3) business days setting forth the specific reasons for non-acceptance. Customer agrees that failure to inspect and/or failure to issue proper notice of non-acceptance within three (3) business days shall constitute final acceptance of the Work under this Agreement. Customer further agrees that partial or beneficial use of the Work by Customer or Owner prior to final inspection and acceptance will constitute acceptance of the Work under this Agreement. To the fullest extent permitted by law, Customer shall indemnify and hold harmless Honeywell and its agents and employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, that in any way result from or arise under breach of the representations in this Section 21. This indemnification shall survive termination of this Agreement for whatever reason. Nothing in this Section 21 shall be construed to require that Customer indemnify and hold harmless Honeywell from claims and costs resulting from Honeywell’s negligent actions or willful misconduct.

Appears in 2 contracts

Sources: Building Systems Agreement, Building Systems Agreement

Acceptance of the Work. Upon Unless test and acceptance criteria are otherwise stated and defined in the Statement of Work, which shall take precedence over any conflicting provision of the Section 19, upon receipt of notice by Honeywell that the Work is ready for final inspection and acceptance, Customer Company will make such final inspection and issue acceptance within three (3) business days. Acceptance will be in a form provided by Honeywell, stating that to the best of CustomerCompany’s knowledge, information and belief, and on the basis of CustomerCompany’s on-site visits and inspections, the Work has been fully completed in accordance with the terms and conditions of this Agreement. If Customer Company finds the Work unacceptable due to non-compliance with a material element of this Agreement, which non-compliance is due solely to the fault of Honeywell, Customer Company will notify Honeywell in writing within the three (3) business days setting forth the specific reasons for non-non- acceptance. Customer Company agrees that failure to inspect and/or failure to issue proper notice of non-non- acceptance within three (3) business days shall constitute final acceptance of the Work under this Agreement. Customer Company further agrees that partial or beneficial use of the Work by Customer Company or Owner prior to final inspection and acceptance will constitute acceptance of the Work under this Agreement. To the fullest extent permitted by law, Customer Company shall indemnify and hold harmless Honeywell and its agents and employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, that in any way result from or arise under from Company’s breach of the representations in this Section 2119. This indemnification shall survive termination of this Agreement for whatever reason. Nothing in this Section 21 19 shall be construed to require that Customer Company indemnify and hold harmless Honeywell from claims and costs resulting from Honeywell’s negligent actions or willful misconduct.

Appears in 1 contract

Sources: Labor & Installation Terms & Conditions

Acceptance of the Work. Upon receipt of notice by Honeywell that the Work is ready for final inspection and acceptance, Customer will make such final inspection and issue acceptance within three (3) business days. Acceptance will be in a form provided by Honeywell, stating that to the best of Customer’s knowledge, information and belief, and on the basis of Customer’s on-on- site visits and inspections, the Work has been fully completed in accordance with the terms and conditions of this Agreement. If Customer finds the Work unacceptable due to non-compliance with a material element of this Agreement, which non-compliance is due solely to the fault of Honeywell, Customer will notify Honeywell in writing within the three (3) business days setting forth the specific reasons for non-acceptance. Customer agrees that failure to inspect and/or failure to issue proper notice of non-acceptance within three (3) business days shall constitute final acceptance of the Work under this Agreement. Customer further agrees that partial or beneficial use of the Work by Customer or Owner prior to final inspection and acceptance will constitute acceptance of the Work under this Agreement. To the fullest extent permitted by law, Customer shall indemnify and hold harmless Honeywell and its agents and employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, that in any way result from or arise under breach of the representations in this Section 21. This indemnification shall survive termination of this Agreement for whatever reason. Nothing in this Section 21 shall be construed to require that Customer indemnify and hold harmless Honeywell from claims and costs resulting from Honeywell’s negligent actions or willful misconduct.

Appears in 1 contract

Sources: Purchase Agreement

Acceptance of the Work. Upon receipt of notice by Honeywell ▇▇▇▇▇▇▇▇▇ that the Work is ready for final inspection and acceptance, Customer will make such final inspection and issue acceptance within three (3) business days. Acceptance will be in a form provided by Honeywell▇▇▇▇▇▇▇▇▇, stating that to the best of Customer’s knowledge, information and belief, and on the basis of Customer’s on-site visits and inspections, the Work has been fully completed in accordance with the terms and conditions of this Agreement. If Customer finds the Work unacceptable due to non-compliance with a material element of this Agreement, which non-compliance is due solely to the fault of Honeywell, Customer will notify Honeywell in writing within the three (3) business days setting forth the specific reasons for non-acceptance. Customer agrees that failure to inspect and/or failure to issue proper notice of non-acceptance within three (3) business days shall constitute constitutes final acceptance of the Work under this Agreement. Customer further agrees that partial or beneficial use of the Work by Customer or Owner prior to final inspection and acceptance will constitute acceptance of the Work under this Agreement. To the fullest extent permitted by law, Customer shall indemnify indemnifies and hold holds harmless Honeywell and its agents and employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, that in any way result from or arise under breach of the representations in this Section 21. This indemnification shall survive survives termination of this Agreement for whatever reason. Nothing in this Section 21 shall may be construed to require that Customer indemnify and hold harmless Honeywell from claims and costs resulting from Honeywell▇▇▇▇▇▇▇▇▇’s negligent actions or willful misconduct.

Appears in 1 contract

Sources: General Terms and Conditions

Acceptance of the Work. Upon Unless test and acceptance criteria are otherwise stated and defined in the Statement of Work, which shall take precedence over any conflicting provision of the Section 19, upon receipt of notice by Honeywell ▇▇▇▇▇▇▇▇▇ that the Work is ready for final inspection and acceptance, Customer Company will make such final inspection and issue acceptance within three (3) business days. Acceptance will be in a form provided by Honeywell▇▇▇▇▇▇▇▇▇, stating that to the best of CustomerCompany’s knowledge, information and belief, and on the basis of CustomerCompany’s on-site visits and inspections, the Work has been fully completed in accordance with the terms and conditions of this Agreement. If Customer Company finds the Work unacceptable due to non-compliance with a material element of this Agreement, which non-non- compliance is due solely to the fault of Honeywell, Customer Company will notify Honeywell in writing within the three (3) business days setting forth the specific reasons for non-acceptance. Customer Company agrees that failure to inspect and/or failure to issue proper notice of non-acceptance within three (3) business days shall constitute final acceptance of the Work under this Agreement. Customer Company further agrees that partial or beneficial use of the Work by Customer Company or Owner prior to final inspection and acceptance will constitute acceptance of the Work under this Agreement. To the fullest extent permitted by law, Customer Company shall indemnify and hold harmless Honeywell and its agents and employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, that in any way result from or arise under from Company’s breach of the representations in this Section 2119. This indemnification shall survive termination of this Agreement for whatever reason. Nothing in this Section 21 19 shall be construed to require that Customer Company indemnify and hold harmless Honeywell from claims and costs resulting from Honeywell▇▇▇▇▇▇▇▇▇’s negligent actions or willful misconduct.

Appears in 1 contract

Sources: Labor & Installation Terms & Conditions