Agreement to Allow Nonconforming Work to Remain Uncorrected Sample Clauses

Agreement to Allow Nonconforming Work to Remain Uncorrected. 5.9.2.1 If TxDOT agrees to allow any Nonconforming Work to remain uncorrected, TxDOT shall be entitled to reimbursement of a portion of the Maintenance Price in an amount equal to the greatest of (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT), such as future maintenance and other costs relating to the Nonconforming Work, (b) the amount of the Maintenance Price allocated to such Maintenance Services, (c) 100% of DB Contractor’s cost savings associated with its failure to perform the Maintenance Services in accordance with the requirements of the CMA Documents or (d) all or a percentage, to be determined in TxDOT’s discretion, of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within 10 Days after delivery of an invoice therefor to DB Contractor. Alternatively, TxDOT, in its discretion, may deduct the amount of such costs and expenses from any sums TxDOT owes to DB Contractor pursuant to this CMA.
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Agreement to Allow Nonconforming Work to Remain Uncorrected. 5.9.2.1. If TxDOT agrees to allow any Nonconforming Work to remain uncorrected, TxDOT shall be entitled to reimbursement of a portion of the Maintenance Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Maintenance Price allocated to such Maintenance Services, (c) 100% of Maintenance Contractor’s cost savings associated with its failure to perform the Maintenance Services in accordance with the requirements of the COMA Documents or (d) all or a percentage, to be determined in TxDOT’s sole discretion, of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten Days after delivery of an invoice therefor to Maintenance Contractor’s. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums TxDOT owes to Maintenance Contractor pursuant to this Comprehensive Maintenance Agreement.
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Agreement to Allow Nonconforming Work to Remain Uncorrected. If TxDOT agrees to allow any Nonconforming Work to remain uncorrected, TxDOT shall be entitled to reimbursement of a portion of the Maintenance Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Maintenance Price allocated to such Maintenance Services, (c) 100% of Maintenance Contractor’s cost savings associated with its failure to perform the Maintenance Services in accordance with the requirements of the COMA Documents or (d) a percentage, to be determined in TxDOT’s sole discretion, of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten Days after Maintenance Contractor’s receipt of an invoice therefor. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT to Maintenance Contractor pursuant to this Comprehensive Maintenance Agreement. Maintenance Contractor acknowledges and agrees that TxDOT shall have sole discretion regarding the correction or non-correction of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.9.2 shall be a condition precedent to allow applicable Nonconforming Work to remain uncorrected. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 5.9.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Attachment 1 to Exhibit 2 is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.
Sample 1

Related to Agreement to Allow Nonconforming Work to Remain Uncorrected

  • Nonconforming Work 23.1.1 Developer shall promptly remove from Premises all Work identified by District as failing to conform to the Contract Documents whether incorporated or not. Developer shall promptly replace and re-execute its own Work to comply with the Contract Documents without additional expense to the District and shall bear the expense of making good all work of other contractors destroyed or damaged by any removal or replacement pursuant hereto and/or any delays to the District or other contractors caused thereby.

  • ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3.1 The State may accept defective or nonconforming Work pursuant to Paragraph 13.2.1

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

  • Requirement to Work Reasonable Overtime The Employer may require any Employee to work reasonable overtime at overtime rates and such Employee shall work overtime in accordance with such requirement.

  • Certification Regarding Termination of Contract for Non-Compliance (Tex Gov. Code 552.374)

  • Non-Conforming Work If the Owner (by way of BCI's or other Owner personnel or consultant) observes or otherwise becomes aware of any fault or defective Work in a project, or other non- conformance with the Contract Documents during the construction phases, the Owner or Program Manager shall give prompt notice thereof to the Project Consultant. However, whether the Owner observes a defect or not, it is the Project Consultant’s duty and responsibility to determine whether said Work is defective, faulty, or not in compliance with the Contract Documents. If the Project Consultant determines that the Work is defective, faulty or not in conformance with the Contract Documents, the Project Consultant shall advise the Owner in writing and make recommendations to the Owner concerning correction of the Work. The Owner may then require the Contractor to undertake such corrections as allowed by the Contract Documents. Final determination of whether the Work is defective, faulty or in compliance with the Contract Documents is to be determined by the Owner.

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