Common use of ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES Clause in Contracts

ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.

ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non- non-conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.

ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non- non-conforming deliverablesDeliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverablesDeliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverablesDeliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.

ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non- non-conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-non- conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-non- conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.

ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non- non-conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s 's evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.

ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor and City shall pay all claims, costs, losses and damages attributable mutually agree on any settlement related to the City’s evaluation acceptance of and determination to accept such defective incomplete or non-conforming deliverables. If any such acceptance and mutual agreement of settlement occurs prior to final payment, the City may deduct such amounts as are necessary agreed upon to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance and mutual agreement of settlement occurs after final payment, such amount will be refunded to the City by the Contractor.

ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non- non-conforming deliverables, the City prefers to accept it, the City may do so, provided that the City provides immediate written notice to Contractor that it considers the deliverables non- conforming. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.

ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non- non-conforming deliverablesDeliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s 's evaluation of and determination to accept such defective or non-conforming deliverablesDeliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverablesDeliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.

ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s 's evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.

ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non- non-conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. Any such claims, costs, losses and damages shall not exceed the value of such non-conforming goods. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.

ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non- non-conforming deliverables, the City prefers to accept it, the City may do so. The Contractor Consultant shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the ContractorConsultant.

ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non- non-conforming deliverablesDeliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverablesDeliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverablesDeliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.

ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. The City’s exclusive remedy and Seller’s total liability to City for claims shall be for the cost of the non-conforming Product including transport costs or replacement of Product. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.

ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non- non-conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.. Service Contract 4 Revised Jan 2016