REJECTION. If any of the goods and/or services furnished pursuant to this Order are found within a reasonable time after delivery to be defective or otherwise not in conformity with the requirements of Ibis Order, including any applicable drawings and specifications, whether such defect or non-conformity relates to scope provided by Seller or a direct or indirect supplier to Seller, then Buyer, in addition to any other rights, remedies and choices it may have by law, contract or at equity, and in addition to seeking recovery of any and all damages and costs emanating therefrom, at its option and sole discretion and at Sellers expense may: # require Seller lo immediately re-perform any defective portion of the services and/or require Seller to immediately repair or replace non-conforming goods will) goods that conform to all requirements of this Order; # lake such actions as may be required to cure all defects and/or bring the goods and/or services into conformity with all requirements of this Order, in which event, all related costs and expenses (including, but not limited to, material, labor and handling costs and any required re-performance of value added machining or other service) and other reasonable charges shall be for Sellers account; # withhold total or partial payment; # reject and return all or any portion of such goods and/or services; and/or # rescind this Order without liability. For any repairs or replacements, Seller, at its sole cost and expense, shall perform any tests requested by Buyer to verify conformance to this Order.
Acceptance; Rejection. A holder of Notes may accept or reject the offer to prepay made pursuant to this Section 8.9 by causing a notice of such acceptance or rejection to be delivered to at least 5 Business Days prior to the Proposed Prepayment Date. A failure by a holder of Notes to respond to an offer to prepay made pursuant to this Section 8.9 shall be deemed to constitute a rejection of such offer by such holder.
Purchaser reserves the right to reject or revoke acceptance of any shipment of Product as a result of any defect or nonconformity thereof. If any Product is rejected or its acceptance is revoked, Purchaser shall notify Seller of such rejection or revocation of acceptance within 30 days of receipt of such Product, specifying with particularity the grounds for its rejection or revocation of acceptance.
Rejection by Plains. If Plains rejects the offer contained in the ROFR Notice within ten (10) business days of actual receipt of the ROFR Notice, Tapstone shall have a reasonable period of time to enter into a definitive agreement with the third party bidder identified in the ROFR Notice (the New Purchaser) on the terms and conditions contained in the ROFR Notice (the New Purchaser Agreement). Any material deviation from the terms and conditions contained in the ROFR Notice will require a reapplication of the provisions of this Section 2. Plains shall be provided a true and verifiable copy of the New Purchaser Agreement.
Promptly following Release of Batches, Customer shall inspect such Batches and shall have the right to test such Batches to determine compliance with the Specifications. Customer shall notify Lonza in writing of any rejection of a Batch based on any claim that it fails to meet Specifications within of Release, after which time all unrejected Batches shall be deemed accepted. Customer shall inform Lonza in writing in case of concealed or latent defects (i.e. not discovered by routine quality control means), promptly upon discovery of such defects but no later than after initial discovery of the defect and in no event after from Release of the Batch.
Inspection; Rejection.
3.3Acceptance and Rejection.
•the loan application fees for reapplying for loan(s) due to the rejection of the original application because the lender received incorrect credit information;
Each [[Organization B:Organization]] will promptly notify the related Conduit Investor of each [[Organization B:Organization]]’s receipt of any Investment Request. Each Conduit Investor shall instruct such [[Organization B:Organization]] to accept or reject (on such Conduit Investor’s behalf) such Investment Request by notice given to the SPV, the Administrative Agent and such [[Organization B:Organization]] by telephone or facsimile by no later than 10:00 a.m. (New York City time (or, with respect to any Investment Request pursuant to [Section 2.3(a)(i)], by 12:00 p.m. (New York City time)) on the requested Investment Date. Failure by a Conduit Investor to timely deliver such notice shall be deemed to be an acceptance of such Investment Request. If more than one Conduit Investor in any Purchaser Group accepts an Investment Request, the portion of such Investment Request to be funded by each Conduit Investor in such Purchaser Group shall be determined by the Related [[Organization B:Organization]] in its sole discretion.
All rejected Products shall be returned by Purchaser to Seller, at Seller’s sole cost, promptly after Purchaser’s rejection or revocation of acceptance of such Products.
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