Correction Costs. Boeing will perform the Correction at no charge to Customer. Subject to the conditions of Article 9.1, Boeing will reimburse Customer for the costs of fuel, oil, other required fluids and landing fees incurred in ferrying the aircraft to Boeing and back to Customer’s facilities. Customer will minimize the length of both flights.
Correction Costs. [*] and the cost of any material required to correct a Flight Discrepancy where direct labor costs are equal to the warranty labor rate in effect between the parties at the time such labor is expended. Flight Discrepancy: A failure or malfunction of an Aircraft, or the accessories, equipment or parts installed on the Aircraft which results from a defect in the Aircraft, Boeing Product, engine or Supplier Product or a nonconformance to the Detail Specification for the Aircraft. The AGTA provides that each aircraft will be test flown prior to delivery for the purpose of demonstrating the functioning of such Aircraft and its equipment to Customer; however, Customer may elect to waive this test flight. For each test flight waived, Boeing agrees to provide Customer an amount of jet fuel at delivery that, including the standard fuel entitlement, totals the following amount of fuel: [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] P.A. No. 3075 Demonstration Flight Waiver Xxxxxxxx xxx Xxxxxxxxxx Xxxxxxxxx X.X. XXXXXXX Further, Boeing agrees to reimburse Customer for any [*]. Should a Flight Discrepancy be detected by Customer which requires the return of the Aircraft to Boeing’s facilities at Seattle, Washington, so that Boeing may correct such Flight Discrepancy, Boeing and Customer agree that title to and risk of loss of such Aircraft will [*]. In addition, it is agreed that Boeing will have responsibility for the Aircraft while it is on the ground at Boeing’s facilities in Seattle, Washington, [*]. To be reimbursed for [*], Customer shall submit a written itemized statement describing any [*] incurred by Customer for each discrepancy. This request must be submitted to Boeing’s Contracts Regional Director at Renton, Washington, within ninety (90) days after the first flight by Customer. Very truly yours, THE BOEING COMPANY By Xxxxxx Xxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: 03 October, 2006 AEROVIAS DEL CONTINENTE AMERICANO S.A. AVIANCA By Its CFO
Correction Costs. The Consultant’s correction of the product deficiency shall be at no additional cost to NYSDOT, unless the system acceptance failure(s) are the results of Disputed Work within the meaning of Article 4.6 of this Agreement (in which case the remedy within such section applies). The Consultant shall, however, bear sole responsibility for the costs of correction of product deficiencies revealed by such testing, including all previously unanticipated and unscheduled time and effort required for the development of corrective measures.
Correction Costs. 17.3.1. In the event that a Corrective Action or like procedures are necessary, each party shall cooperate fully with the other to ensure expeditious completion of such Corrective Action in compliance with all applicable Laws.
17.3.2. Subject to Section 17.3.3:
(i) if a Corrective Action relates to a Manufacturing Defect caused by Therapure (including any failure to follow any ARIKACE SOP or Master Batch Record), Therapure shall be responsible for complying with Section 13.2.3(vii) and paying reasonable costs and expenses directly related to the Corrective Action (the “Correction Costs”), which the parties agree shall be no greater than the greater of (x) the [***]; and (y) the [***];
(ii) if a Corrective Action relates to design, marketing, distribution, production or handling by Insmed of ARIKACE or any Manufacturing Defect primarily caused by an act or omission of Insmed, including defects in the Amikacin, the Excipients or the Manufacturing Materials, Insmed shall be responsible for and pay all Correction Costs; and
(iii) if a Corrective Action relates to a failure by Therapure to maintain the Workshop in a state of GMP compliance, Therapure shall be responsible for and pay all costs and expenses related to bringing the Workshop into a state of GMP compliance.
17.3.3. In the event that a Corrective Action has been caused by or contributed to by the fault of both Therapure and Insmed, the responsibility for and payment of the Correction Costs shall be apportioned among the parties in proportion to the degree of fault by Therapure and Insmed in causing the Corrective Action.
17.3.4. In the event that Correction Costs are incurred by a party that are paid by the other party, the responsible party shall reimburse the incurring party for any such reasonable Correction Costs within [***] days of receipt of a xxxx from the incurring party for such Correction Costs.
Correction Costs. Zurich will pay Correction Costs incurred by an Insured in taking action after discovery of a Wrongful Act that arises out of
(i) the Insured’s failure to follow directions from a customer in connection with investments or transactions of that customer’s assets, made at the specific direction or approval of such customer; or
(ii) the Insured’s unintentional non-compliance with the investment rules/policy (defined in the prospectus) of a
(iii) the beaching of the borrowing limits provided for by law or by the prospectus of such Fund; provided: - (i),(ii) or (iii) above arises in the ordinary course of the Insured’s operations; and - if not corrected would automatically result in monetary damages to a customer of the Insured respectively to the shareholders of that Fund; and - would, in the absence of any correction, result or have resulted in a covered Claim and in Financial Loss to be proved by the Insured; and - the Insured fully complies with the provisions set forth in Clause 5.4 Defence and Settlements and Clause 5.5 Mitigation and Correction Costs of this policy. However, according to Clause 5.5. Zurich’s prior written consent is not necessary, if it is reasonably or practicably not possible to obtain it in a timely manner. In such a situation, the reduced sublimit stipulated therein applies. For the purpose of this Extension “Correction Costs” means reasonable and necessary costs and expenses (other than effective correction payments), incurred by the Insured with the prior written consent of Zurich, after discovery of an event as described in (i), (ii), (iii) above, and in connection with the Insureds subsequent efforts to avoid, limit or mitigate direct monetary damages to a customer of the Insured, to a Fund or to the shareholders of a Fund and thus to avoid, limit or mitigate the Insured’s exposure to a Claim and Financial Loss. Correction Costs does not include costs, loss, damages, charges and expenses:
a) arising out of the Insured’s decisions in connection with investments or transactions of the customer’s assets, made pursuant to discretionary authority granted to an Insured, even if such authority is subject to investment guidelines or general investment instructions; or
b) arising out of: (1) loss of actual money, securities or other property in the custody or control of the Insured; or (2) diminution in value or damages resulting from the diminution in value of money, securities or other property unless caused directly by a Wrongful Act o...
Correction Costs. Reimbursement Requirements and Conditions
Correction Costs. Customer’s direct labor costs and the cost of any material required to correct a Flight Discrepancy where direct labor costs are equal to the Warranty Labor Rate in effect between the parties at the time such labor is expended.
