Common use of Complying Services Clause in Contracts

Complying Services. If the Commonwealth's Representative discovers or believes that any Services have not been performed in accordance with the Contract, the Commonwealth's Representative may give the Consultant an instruction specifying the non-complying Services and doing one or more of the following: requiring the Consultant to: re-perform the non-complying Services and specifying the time within which this must occur; and to take all such steps as are reasonably necessary to: mitigate the effect on the Commonwealth of the failure to carry out the Services in accordance with the Contract; and put the Commonwealth (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the Contract; advising the Consultant that the Commonwealth will accept the non-complying Services despite the non-compliance. Re-performance of the Non-complying Services If a direction is given under clause 6.2, the Consultant must reperform the non-complying Services: within the time specified in the Commonwealth's Representative's instruction; so as to minimise any delay and disruption to the Services; and so as to minimise the delay and disruption to the Project.

Appears in 5 contracts

Samples: Panel Agreement, Panel Agreement, Panel Agreement

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Complying Services. If the Commonwealth's Representative discovers or believes that any Services have not been performed in accordance with the Contract, the Commonwealth's Representative may give the Consultant an instruction a direction specifying the non-complying Services and doing one or more of the following: requiring the Consultant to: re-perform the non-complying Services and specifying the time within which this must occur; and to take all such steps as are reasonably necessary to: mitigate the effect on the Commonwealth of the failure to carry out the Services in accordance with the Contract; and put the Commonwealth (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the Contract; or advising the Consultant that the Commonwealth will accept not require re-performance of the non-complying Services Services, despite the non-compliance. Re-performance ; and Without limiting any other provision of the Non-complying Services If Contract, the Commonwealth may give a direction is given written notice under clause 6.2, 11.3 to the Consultant must reperform the non-complying Services: within the time specified in if the Commonwealth's Representative's instruction; so as to minimise Representative discovers or believes that any delay and disruption to Services have not been performed in accordance with the Services; and so as to minimise the delay and disruption to the ProjectContract.

Appears in 2 contracts

Samples: Panel Agreement, Panel Agreement

Complying Services. If the Commonwealth's Representative discovers or believes that any Services have not been performed in accordance with the Contract, the Commonwealth's Representative may give the Consultant an instruction specifying the non-complying Services and doing one or more of the following: requiring the Consultant to: re-perform the non-complying Services and specifying the time within which this must occur; and to take all such steps as are reasonably necessary to: mitigate the effect on the Commonwealth of the failure to carry out the Services in accordance with the Contract; and put the Commonwealth (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the Contract; or advising the Consultant that the Commonwealth will accept the non-complying Services despite the non-compliance. Re-performance of the Non-complying Services If a direction is given under clause 6.26.2(a), the Consultant must reperform the non-complying Services: within the time specified in the Commonwealth's Representative's instruction; so as to minimise any delay and disruption to the Services; and so as to minimise the delay and disruption to the Project.

Appears in 1 contract

Samples: Panel Agreement

Complying Services. If the CommonwealthContractor's Representative discovers or believes that any Services have not been performed in accordance with the ContractSubcontract, the CommonwealthContractor's Representative may give the Consultant an instruction specifying the non-complying Services and doing one or more of the following: requiring the Consultant to: re-perform the non-complying Services and specifying the time within which this must occur; and to take all such steps as are reasonably necessary to: mitigate the effect on the Commonwealth Contractor of the failure to carry out the Services in accordance with the ContractSubcontract; and put the Commonwealth Contractor (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the ContractSubcontract; or advising the Consultant that the Commonwealth Contractor will accept the non-complying Services despite the non-compliance. Re-performance of the Non-complying Services If a direction is given under clause 6.27.2, the Consultant must reperform the non-complying Services: within the time specified in the CommonwealthContractor's Representative's instruction; so as to minimise any delay and disruption to the Services; and so as to minimise the delay and disruption to the Project.

Appears in 1 contract

Samples: Formal Agreement

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Complying Services. If the Commonwealth's Representative discovers or believes that any Services have not been performed in accordance with the Contract, the Commonwealth's Representative may give the Consultant an instruction specifying the non-complying Services and doing one or more of the following: requiring the Consultant to: re-perform the non-complying Services and specifying the time within which this must occur; and to take all such steps as are reasonably necessary to: mitigate the effect on the Commonwealth of the failure to carry out the Services in accordance with the Contract; and put the Commonwealth (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the Contract; advising the Consultant that the Commonwealth will accept the non-complying Services despite the non-compliance. Re-performance of the Non-complying Services If a direction is given under clause 6.225.2, the Consultant must reperform the non-complying Services: within the time specified in the Commonwealth's Representative's instruction; so as to minimise any delay and disruption to the Services; and so as to minimise the delay and disruption to the Project.

Appears in 1 contract

Samples: Panel Agreement

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