Concessionaire’s Right to Proceed Sample Clauses

Concessionaire’s Right to Proceed. If, within fourteen (14) days after notification by Concessionaire of a breach of any warranty hereunder, Contractor has not, to the reasonable satisfaction of Concessionaire, commenced re-performance, repair, replacement or other performance as required herein or notified Concessionaire of its disagreement with such alleged breach and, within seven (7) days after such notice, provide reasonable evidence in support of its position, Concessionaire may retain a third party to undertake such re-performance, repair, replacement or other performance and the costs of retaining such third party shall be for the account of Contractor. Concessionaire’s retention of such third-party contractor shall not in any way diminish Contractor’s obligations or liabilities under this Agreement or reduce its warranty obligations under this Article 10 with respect to the work undertaken by such third party. Nothing herein shall be deemed to preclude Concessionaire from retaining a third-party contractor at its own cost to undertake any re-performance, repair, replacement or other performance of warranty claims hereunder.
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Concessionaire’s Right to Proceed. If, within fourteen (14) days after notification by Concessionaire of a breach of any warranty hereunder, Contractor has not, to the reasonable satisfaction of Concessionaire, commenced re-performance, repair, replacement or other performance as required herein or notified Concessionaire of its disagreement with such alleged breach and, within seven (7) days after such notice, provide reasonable evidence in support of its position, Concessionaire may retain a third party to undertake such re-performance, repair, replacement or other performance and the costs of retaining such third party shall be for the account of Contractor. Concessionaire’s retention of such third-party contractor shall not in any way diminish Contractor’s obligations or liabilities under the Contract Documents or reduce its warranty obligations under this Article 10 with respect to the work undertaken by such third party. Nothing herein shall be deemed to preclude Concessionaire from retaining a third-party contractor at its own cost to undertake any re-performance, repair, replacement or other performance of warranty claims hereunder. In addition, Contractor acknowledges and agrees that the Department shall have such rights and remedies as provided by Section 8.11(b) of the Comprehensive Agreement, and that to the extent the exercise of such rights and remedies in respect of “Non-Conforming Work” (as defined in the Comprehensive Agreement) for which Contractor is responsible under this Agreement interferes with Contractor’s performance of the DB Work, then, subject to Contractor’s right to assert a CA Delay Event and a CA Compensation Event, Contractor shall not be entitled to relief under this Agreement.
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Related to Concessionaire’s Right to Proceed

  • City's Right to Proceed In the event this contract is terminated pursuant to Paragraph 8, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case, the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws.

  • OWNER’S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity.

  • Owner’s Right to Stop Work The Owner reserves the right, for itself and for any designated Construction Inspector retained by Owner, upon observation of apparent nonconforming Work, to immediately stop the affected Work. If the Work is later determined by the Design Professional to be in fact conforming Work, then Contractor shall be entitled upon timely claim to a Change Order for payment by Owner of any reasonable Actual Costs actually incurred by Contractor in connection with the stop Work order and resumption of the Work, as well as an extension in the time for performance of the Work to the extent Contractor is delayed by Owner's stop Work order. The Design Professional shall determine the time, which shall be binding upon both Owner and Contractor, as set forth in Section 3, Part 3.

  • STATE's Right to Suspend the Operations The STATE and/or the STATE's Authorized Representative has the authority to suspend portions or all of the operations due to causes including, but not limited to:

  • Owner’s Right to Suspend Work The Owner reserves the right, with or without the concurrence of the Design Professional, to suspend the Work at any time or from time to time at the Owner's sole discretion, upon giving Contractor five days advanced written notice thereof. If the Owner exercises this right and then resumes the Work covered hereby, Contractor shall be entitled upon timely claim to a Change Order for payment by Owner of any reasonable Actual Costs actually incurred by Contractor in connection with the suspension and resumption of the Work, as well as an extension in the time for performance of the Work to the extent Contractor is delayed by Owner's suspension, to include compensation based upon the rate for Time Dependent Overhead Costs. The Design Professional shall determine the time, which shall be binding upon both Owner and Contractor, as set forth in Section 3, Part 3.

  • STATE'S RIGHT TO STOP THE WORK 3.3.1 If the Contractor fails to correct defective Work as required by Paragraph 13.2 or persistently fails to carry out the Work in accordance with the Contract Documents, the State, by a written order signed personally or by an agent specifically so empowered by the State in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the State to the stop the Work shall not give rise to any duty on the part the State to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3.

  • OWNER’S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten (10)-calendar day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

  • Owner’s Right to Make Changes Without invalidating the Contract, the Owner, by Change Order and without notice to the sureties, may authorize or order extra work or changes by altering, adding to, or deducting from the Work or the Contract Time, the Contract Sum being adjusted accordingly. All Change Orders shall be performed under the conditions of the original Contract except that any claim for extension of time caused thereby shall be adjusted at the time of signing of the Change Order. (See Change Order formats in Section 7.) Prior to the issuance of the Proceed Order, the Contractor and the Owner shall advise each other in writing of their designees authorized to accept and approve changes to the Contract Sum and the limits to each designee's authority. Should any designee or limits of authority change during the time this Contract is in effect, the Contractor or Owner shall give written notice to the other as provided in Article 1.1.5. There is no legal limitation on the Owner’s right to make changes such as may be, in the Owner’s sole discretion, useful or desirable to the Project.

  • Right to Stop Work If Contractor fails to correct any defective Work or repeatedly fails to perform the Work in accordance with the Contract Documents, Owner shall have the right to order Contractor to stop performing the Work, or any portion thereof, until the cause for such order is eliminated.

  • HHS Right to Use Contractor agrees that HHS has the right to use, produce, and distribute copies of and to disclose to HHS employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHS deems necessary to complete the procurement process or comply with state or federal laws.

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