Backcharges. Instances of improper distribution of documents which create Owner expenses to control and secure the Contract Documents will be charged to Design- Builder.
Backcharges. Canadian Natural may, in addition to any other amounts to be retained or withheld under this Agreement, retain from any sums otherwise owing to Contractor, amounts sufficient to cover all costs incurred by Canadian Natural in respect of Contractor’s failure to comply with any provision of this Agreement.
Backcharges. Where feasible, Contractor shall use reasonable efforts to give Subcontractor notice before any costs are incurred which will be offset against the Subcontract Price. If Subcontractor disagrees with the nature or amount of costs to be incurred, it shall advise Contractor promptly in writing, and in no event later than three (3) days after its receipt of notice from Contractor. Such notification shall include reasons for Subcontractor's dispute and shall propose a reasonable and acceptable alternative along with an estimate of the cost of the alternative, where applicable. If Contractor receives no protest to a proposed backcharge or Subcontractor protests and does not provide an alternative to Contractor’s proposed action, Contractor may proceed to incur the costs and offset them against the Subcontract Price. Costs so offset shall be deemed to be reasonable and beyond dispute by Subcontractor. If Subcontractor timely protests and proposes a reasonable alternative that Contractor rejects, the disputed costs incurred shall be subject to the dispute resolution procedure outlined in Article XI, if Subcontractor gives Contractor written notice within ten (10) days of such rejection.
Backcharges. Seller will not approve or accept returns or backcharges for labor, materials, or other costs incurred in modification, adjustment, service or repair of an order unless previously approved by Seller in writing.
Backcharges. In the event that Buyer is required to make repairs, corrections or modifications to the goods supplied by Hydro, it shall only do so upon written approval from Hydro. Backcharges shall be limited to the costs directly associated in making the repairs, corrections or modifications to the goods supplied by Hydro. The costs of such backcharges shall be subject to approval by Hydro and shall be limited to: (1) directly related labor and material costs, (2) directly related equipment and tool rental at prevailing rates in the project location and (3) Buyer’s overhead & supervision costs to make repairs, corrections or modifications to the goods supplied by Hydro. Buyer shall submit complete documentation to Hydro’s satisfaction including but not limited to labor time sheets, material lists, and rental fees detailing the nature of the back charges. Backcharges shall be in the form of an adjustment to the contract price or reduction in retained payments and not a direct payment. No incidental or consequential backcharges shall be allowed.
Backcharges a. All equipment purchases made by the Contractor for the Subcontractor will be back charged. The Subcontractor will also be held responsible for and back charged for damaged or lost material if/when it can be determined to be due to negligence of the responsibility to return paint and supplies to storage area daily and keep can tops on open buckets.
Backcharges. 33.1. Owner may impose back charges against Supplier or deduct back charges from payments due Supplier for performance or re-performance by Owner or others of Work including costs associated with Defective Work, non-performance by Supplier, termination for cause, clean up and disposal of Supplier’s debris, damages to Owner’s tools and equipment and warranty repairs.
Backcharges. Construction Manager shall develop a procedure for the prompt processing of Backcharges among the Trade Contractors, which process shall be implemented by means of deductive Change Orders. Construction Manager shall track all Backcharges, and shall provide Owner with a monthly status report.
Backcharges. The SUBCONTRACTOR agrees to pay reasonable back charges (based on actual cost plus 20% for supervision, overhead and taxes) for any special services, equipment, cleanup or any cutting, patching and repairs made necessary by the omissions, mistakes, accidents or negligence of the SUBCONTRACTOR. Commensurate with the urgency, nature and scope of the back charge, the CONTRACTOR shall give the SUBCONTRACTOR advance notice of the intended back charge, but such advance notice shall not be a prerequisite for making such back charges against the SUBCONTRACTOR.
Backcharges. 10.1 In the event that Purchaser has to undertake any part of Seller’s obligations under this Purchase Order or has to instruct another party to undertake any part of Seller’s obligations, Seller shall be subject to Backcharges as follows:
10.1.1 Upon identification of a back-charge condition, Purchaser will notify in writing Seller’s designated representative. Verbal notification will be confirmed in writing to Seller within a reaso- nable time (in Purchaser’s sole yet reasonable opinion) of the verbal notification. Purchaser will request Seller’s recommended method of handling the back-charge condition. Purchaser will evaluate all recommended methods of correction and select the method most, in Purchaser’s sole yet reasonable opinion, econo- mical and advantageous to the project. Purchaser will notify Seller in writing of Purchaser’s selected method of correction and Seller will first be given the opportunity to correct the condition within a time period as determined by Purchaser.
10.1.2 In the event that Seller fails to correct the back-charge condition in the required amount of time (as shall be determined by Purchaser in accordance with Section 10.1.1) or if an emer- gency exists making it impracticable (in Purchaser’s sole yet reasonable opinion) for Purchaser to have Seller correct the back- charge condition, the following rates shall apply:
10.1.2.1 Actual cost of material, labor, equipment and sup- plies, plus ten percent (10%).
10.1.2.2 Actual cost charged to Purchaser by third (3rd) parties to perform Seller’s obligations, plus ten percent (10%).
10.1.2.3 Purchaser will prepare an estimate of charges, if requested by Xxxxxx, as soon as practicable after the identifi- cation of a back-charge condition. Notwithstanding the foregoing, Purchaser’s failure to deliver an estimate of charges will not prevent Purchaser from commencing cor- rective action in accordance with this Article 10.
