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Latent Defect
Latent Defect contract clause examples

Latent Defect.After Client’s Acceptance of the Product, if Client finds any defects of the Product which could not have been reasonably discovered ​ (“Latent Defect”), Client shall promptly give written notice of such claim to SBL within ​. ​. Notwithstanding anything to the contrary, such claim for Latent Defect must be made within ​.

Latent Defect” means any Defect other than Apparent Defects.

Latent Defects. If there are any items of Landlord’s Work that were not performed by Landlord in accordance with its obligations under this Lease (including any portion of Landlord’s Work that was not performed in a good workmanlike manner or any equipment installed by Landlord as part of Landlord’s Work that is not in good working order) and provided the same were not reasonably discoverable on the Commencement Date, and provided Tenant identifies in a written notice to Landlord such items of Landlord’s Work (such items, the “Latent Defects”) (which such notice shall set forth the Latent Defect and shall include in reasonable detail the specific nature of such Latent Defect) on or before the date that is one (1) year after the Commencement Date, time being of the essence, then with respect to any Latent Defect in the Base Building Work or the Turn-Key Work, Landlord shall diligently remedy such Latent Defect in accordance with this Lease. If any Latent Defect in the Turn-Key Work is discovered following the date that is one (1) year after the Commencement Date, then to the extent applicable, Landlord shall either, at Landlord’s option, at no additional cost to Landlord # enforce any warranties then held by Landlord from contractors, equipment manufacturers, or others with respect to such Turn-Key Work, or # to the extent permitted under any such warranties, assign or otherwise make available to Tenant the benefit of any such warranties (and Tenant shall assign the same back to Landlord prior to the end of the Term) (provided, the foregoing shall not be construed as to obligate Landlord to cure any Latent Defects with respect to the Turn-Key Work discovered following the date that is one (1) year after the Commencement Date in the event that the facts set forth in subclauses # and/or # are not applicable). Tenant shall provide Landlord and its agents and contractors reasonable access to the Premises to complete any work required of Landlord under this Section 3.04. Landlord may be performing work in connection with the Latent Defects in portions of the Premises at the same time Tenant may be occupying or performing Work in such portion of the Premises and, as such, Landlord and Tenant shall reasonably cooperate and coordinate so as to not delay the performance of such work or interfere with the operation of such Work or Tenant’s business in the Premises.

Latent Defects. Notwithstanding the foregoing provisions of this Section 2, Tenant shall have a period of 270 days after the Lease Commencement Date to reasonably identify in writing any latent defects in the mechanical, electrical, and plumbing systems and the structural components serving the Premises. For purposes of this paragraph, “latent defects” means those material defects in such 9950 Medical Center Drive—[[Tenant:Organization]]—Page 4

Latent Defects. Notwithstanding the foregoing provisions of this Section 2, Tenant shall have a period of one year after Landlord’s Delivery of the Premises to Tenant to reasonably identify in writing any Latent Defects (as defined below) in the Premises and the mechanical, electrical, heating, air conditioning, and ventilation (“HVAC”), and plumbing systems and the structural components serving the Premises. For purposes of this Lease, “Latent Defects” means those material defects in the Premises and such systems and/or components that could not have been readily identified or discovered through a reasonable inspection thereof conducted by a qualified architect, engineer, or technician. Landlord will promptly repair such identified Latent Defects (subject to Landlord’s reasonable confirmation that such Latent Defects are, in fact, Latent Defects).

Latent Defect” means a Defect in any Goods delivered hereunder that could not have been discovered by a reasonable visual inspection on delivery.

Defective Products. Any Products delivered to Buyer by Supplier which are finally determined to be a Defective Product or contain a Latent Defect in accordance with Section 3.2, shall be replaced at Supplier's expense. In the event the Product is determined to have a Latent Defect, the Product will be promptly returned to the Supplier by the Buyer.

Contractor’s Warranties. Tenant waives all claims against Landlord relating to any defects in the Tenant Improvements; provided, however, that if, within 30 days after substantial completion of the Tenant Improvement Work, Tenant provides notice to Landlord of any non-latent defect in the Tenant Improvements, or if, within 11 months after substantial completion of the Tenant Improvement Work, Tenant provides notice to Landlord of any latent defect in the Tenant Improvements, then Landlord shall promptly cause such defect to be corrected.

Contractor’s Warranties. Tenant waives all claims against Landlord relating to any defects in the Tenant Improvements; provided, however, that if, within 30 days after substantial completion of the Tenant Improvement Work, Tenant provides notice to Landlord of any non-latent defect in the Tenant Improvements, or if, within 11 months after substantial completion of the Tenant Improvement Work, Tenant provides notice to Landlord of any latent defect in the Tenant Improvements, then Landlord shall promptly cause such defect to be corrected.

Promptly following Release of a Batch, Customer shall inspect such Batch and shall have the right to test such Batch to determine if it is a Failed Batch. Customer shall notify Lonza in writing of any rejection of a Batch based on any claim that it is a Failed Batch within [Redacted] after Release, after which time all unrejected Batch(es) shall be deemed accepted. Notwithstanding the foregoing, if Customer and/or its designee first discovers that any Batch is a Failed Batch and such failure would not have been readily discoverable from a reasonable testing or review of the Products (collectively, “Latent Defects”), Customer shall have the continuing right to reject the Batch, provided it notifies Lonza of the Latent Defect within [Redacted] after the discovery of the Latent Defect provided that such Latent Defect is discovered within the normal shelf-life of the Batch.

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