Systemic Defects Clause Samples

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Systemic Defects. Notwithstanding the warranty requirements and conditions ---------------- of Section 9.01 hereof, ACS will undertake without undue delay to remedy any Systemic Defect in all affected Products in inventory or in the field, by delivering to Xerox/Xerox Affiliated Companies replacement, if requested, of Spares or consumables if the Systemic Defect applies thereto, or repair kit if the Systemic Defect applies to the printer, and in either 15 event reimburse Xerox/Xerox Affiliated Companies for actual parts replacement costs incurred by them plus any associated labor. ACS shall not be required to cure any Systemic Defect for any Products which have been subjected to accident, negligence, misuse, alteration, modification, tampering or causes other than ordinary use. The foregoing obligations of the parties shall apply during the term of this Agreement.
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Systemic Defects. Notwithstanding the warranty requirements and conditions set forth in this Section, PRESSTEK will undertake without charge and without delay to promptly remedy any Systemic Defect in all affected Product(s) in inventory or in the field, by delivering to XEROX a replacement Product(s) or otherwise correct the defect as agreed upon by the parties. PRESSTEK shall not be required to cure any Systemic Defect for any Product(s) which have been subjected to accident, negligence, misuse, alteration, modification, tampering or causes other than ordinary use. At XEROX' request, PRESSTEK shall provide to XEROX kits containing the necessary software or hardware to correct the Systemic Defect for all affected units of Product(s) or, if XEROX reasonably believes it is probable that the Systemic Defect will affect at least substantially all units of Product(s) then located either at customer locations or in XEROX' inventory, PRESSTEK shall provide at its' expense XEROX with the kits for all such units of Product(s).
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Systemic Defects. Notwithstanding the warranty requirements and conditions set forth in this Section, during the period of time that PRESSTEK has Service Obligations, PRESSTEK will undertake without charge and without delay to promptly remedy any Systemic Defect in all affected Product(s) in inventory or in the field, by delivering to XEROX a replacement Product(s) or otherwise correct the defect as agreed upon by the parties. PRESSTEK shall not be required to cure any Systemic Defect for any Product(s) which have been subjected to accident, negligence, misuse, alteration, modification, tampering or causes other than ordinary use. At XEROX' request, PRESSTEK shall provide to XEROX kits containing the necessary software or hardware to correct the Systemic Defect for all affected units of Product(s) or, if XEROX reasonably believes it is probable that the Systemic Defect will affect at least substantially all units of Product(s) then located either at customer locations or in XEROX' inventory, PRESSTEK shall provide at its' expense XEROX with the kits for all such units of Product(s).
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Systemic Defects. 5.7.1. By mutual consent, in addition to the warranties above, Calix shall be obligated to remedy any systemic defects in the Products. A systematic defect is a defect of the same or substantially the same type, that appears or is likely to appear during the reasonably expected life time of the concerned Products in more than 3% of such Products delivered during any relevant time period, such time period to be determined by Ericsson in its reasonable discretion, however not less than a time period of three consecutive months. In case of a systematic defect in the Products, Calix shall promptly: 5.7.1.1. at no charge to Ericsson, replace all units of the respective Products delivered up to the time that the systematic defect has been remedied by Calix (provided, however that this Section 5.7.1.1 shall not apply to any EDA 1500 products previously shipped by Ericsson or shipped by Calix within the first nine months after the Effective Date); and [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 5.7.1.2. reimburse Ericsson for the actual costs for the replacement of such defective Products. 5.7.2. Calix's obligations regarding systemic defects shall be applicable for the full expected life time of the relevant Products, which time, however, never shall be shorter than [***] from the date of delivery of the relevant Products, or [***] in the case of ONT Products.
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Systemic Defects. For purposes of this Agreement a "Systemic Defect" means a Sensor Assembly Defect that occurs in identical or substantially similar form or from a substantially similar cause in at least fifteen percent (15%) of the field population of Sensor Assemblies within two (2) years after receipt of delivery of the Sensor Assemblies by DMD. DMD agrees that it will, at all times during the term of this Agreement, and for so long as it continues to sell or otherwise support Sensor Assemblies and Board Assemblies, carry insurance that names SUNI as an additional insured and that is sufficient to cover the costs of possible loss or damage arising out of Systemic Defects, including, but not limited to, the cost of replacement Components and of manufacturing, test and assembly services. DMD will provide a copy of such insurance policy to SUNI upon SUNI's request. SUNI and DMD agree that they will complete negotiation of the allocation of the cost of such Systemic Defect insurance within thirty (30) days from the date of this Agreement.
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Systemic Defects. The term "Systemic Defects" shall mean a defect of any type affecting the usefulness of the AHP Unit for its intended purpose which occurs in identical or substantially similar form or from a substantially similar cause in more than (i) 0% of 750 consecutively shipped AHP Units manufactured during the first 90 days of production, (ii) 3% of 750 consecutively shipped AHP Units manufactured during the next 90 days of production, or (iii) 3% of 750 consecutively shipped AHP Units manufactured during any production period subsequent to the 180th day of production (as such period may be determined by DMD), within eighteen (18) months after receipt of delivery of Products by DMD.
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Systemic Defects. Notwithstanding anything to the contrary in Sections 11.01 and 11.02 above, (i) Splash shall undertake without charge and without delay to promptly meet with Xerox to put a mutually agreed plan in place to promptly remedy any Systemic Defect in all Splash Products in inventory or in the field, by delivering to Xerox on a rolling inventory basis a replacement Splash Product or part thereof and (ii) Splash shall use commercially reasonable efforts to reduce turnaround time for Splash Products returned to Splash and affected by a ----------------- * Confidential Treatment Requested Systemic Defect to [*]. The foregoing states Splash's sole obligation and the exclusive remedy of Xerox and Xerox Affiliates with respect to Systemic Defects. Splash shall not be required to cure any Systemic Defect for any Splash Products which have been subjected to accident, negligence, misuse, alteration, modification, tampering or causes other than ordinary use or that results from or arises out of the Xerox Software or Xerox Product.
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Systemic Defects. Notwithstanding the warranty requirements and conditions of this Section 11, Seller will undertake without charge and without delay to promptly remedy any Systemic Defect in all affected Products in inventory or in the field, by delivering to DMD repaired or replacement Product(s). Seller shall not be required to cure any Systemic Defect for any Products
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Systemic Defects 
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Related to Systemic Defects

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected. 35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineer’s notice.

  • Defects If either party become aware of 5.4.1 any possible, actual or potential defect, containment, fault or other condition in Milk supplied under this Agreement; 5.4.2 any matter that may impact upon compliance with any health standard, public policy or code; 5.4.3 any matter which may affect compliance with any law or regulatory health standard; that party must, as soon as possible, advise the other party of the particulars of any such issue. The parties must cooperate, to the fullest extent possible, to diminish any risk to the public arising from a defect in Milk.

  • REMEDY OF DEFECTS (a) The BUILDER shall remedy, at its expense, any defects, against which the VESSEL is guaranteed under this Article, by making all necessary repairs or replacements at the SHIPYARD or elsewhere as provided for in (b) hereinbelow. In such case, the VESSEL shall be taken at the BUYER's cost and responsibility to the place selected, ready in all respects for such repairs or replacements and in any event, the BUILDER shall not be responsible for towage, dockage, wharfage, port charges and anything else incurred for the BUYER's getting and keeping the VESSEL ready for such repairing or replacing. (b) However, if it is impractical (which shall include, but not be limited to, an emergency) to bring the VESSEL to the SHIPYARD, the BUYER may cause the necessary repairs or replacements to be made elsewhere which is deemed by the BUYER with the consent of the BUILDER which shall not be unreasonably withheld, to be suitable for the purpose, provided that, in such event, the BUILDER may forward or supply replacement parts or materials under the terms described in (c) hereinbelow, unless forwarding or supplying thereof under the terms described in (c) hereinbelow would impair or delay the operation or working schedule of the VESSEL. In the event that the BUYER proposes to cause the necessary repairs or replacements to be made to the VESSEL at any shipyard or works other than the SHIPYARD, the BUYER shall first (but in all events as soon as reasonably possible) give the BUILDER notice by email or facsimile of the time and place such repairs will be made, and if the VESSEL is not thereby delayed, or her operation or working schedule is not thereby impaired, the BUILDER shall have the right to verify by its own representative(s) the nature and extent of the defects complained of. The BUILDER shall, in such case, promptly advise the BUYER by email or facsimile, after such examination has been completed, of its acceptance or rejection of the defects as ones that are covered by the guarantee herein provided. Upon the BUILDER's acceptance of the defects as justifying remedy under this Article, or upon award of the arbitration so determining, the BUILDER shall compensate the BUYER an amount equal to the reasonable cost of making the same repairs or replacements at the SHIPYARD. (c) In the event that it is necessary for the BUILDER to forward a replacement for a defective part under this guarantee, replacement parts shall be shipped to the BUYER under the C.I.F terms to the BUYER's nominated port. The BUILDER reserves the option to retrieve, at the BUILDER's cost, any of the replaced equipment/parts in case defects are remedied in accordance with the provisions in this Article. (d) Any dispute under this Article shall be referred to arbitration in accordance with the provisions of Article XIII hereof.

  • Environmental Defects If Buyer determines that with respect to the Asset there exists an Environmental Condition (other than with respect to asbestos, asbestos containing materials, or NORM, and excluding any matter set forth on Schedule 6.10) (in each case, an “Environmental Defect”), then on or prior to the Defect Claim Date, Buyer may give Seller a written notice of such Environmental Defect that sets forth the information required by this Section 3.17 (an “Environmental Defect Notice”). For all purposes of this Agreement and notwithstanding anything herein to the contrary, Buyer shall be deemed to have waived any Environmental Defect that Buyer fails to timely and properly assert as an Environmental Defect by an Environmental Defect Notice received by Seller on or before the Defect Claim Date. To be effective, an Environmental Defect Notice must set forth (a) a clear description of the matter constituting the alleged Environmental Defect, (b) a description of each Asset (or portion thereof) affected by the alleged Environmental Defect, (c) the estimated proportionate share attributable to the Assets of the estimated Lowest Cost Response to eliminate the alleged Environmental Defect (the “Environmental Defect Amount”), and (d) supporting documents and reasonably necessary for Seller to verify the existence of the alleged Environmental Defect and the Environmental Defect Amount. Buyer shall furnish Seller, on or before the end of each calendar week prior to the Defect Claim Date, Environmental Defect Notices with respect to any Environmental Defects that any of Buyer’s or any of its Affiliate’s employees, representatives, attorneys, or other environmental personnel or contractors discover or become aware of during the preceding calendar week, which notice may be preliminary in nature and supplemented prior to the Defect Claim Date; provided that notwithstanding this sentence, any Environmental Defect Notice shall be deemed timely if received by Seller prior to the Defect Claim Date.