Correction of Deficiencies. The contractor must correct promptly any work of his/her own or his/her subcontractors found to be defective or not complying with the terms of the contract.
Correction of Deficiencies a. The Contractor must replace materials or correct workmanship not conforming to this Contract's requirements at no additional cost to WMATA. In addition, the Contractor is subject to any liquidated damages specified in this Contract or actual damages that WMATA incurs. If the Contractor fails to correct deficiencies, the Contracting Officer, may take specific action as follows:
i. Replace or correct the item or work at the Contractor's expense. This may be accomplished by award of a new contract or by use of WMATA's own resources.
ii. Accept the items with a reduction in price by formal modification to this Contract. The reduced price will be based upon the item’s reasonable value considering the possible cost of correcting it.
iii. Terminate this Contract for default. If the item or work must be re- procured, the Contractor is normally liable for excess costs that WMATA incurs in accordance with the "Termination for Default" clause.
Correction of Deficiencies. If the Work or Equipment or Spare Part is in breach of any Warranty set forth in this Section 7.1, Contractor shall, subject to Section 7.2, cure such breach as promptly as practicable upon being given written notice thereof (“Warranty Service”). Owner shall provide Contractor with reasonable access to the Project in order to perform its obligation under this Article VII and the Parties shall schedule such work as necessary so as to minimize disruptions to the operation of the Project. Owner shall have the right to operate and otherwise use the Equipment until such time as Owner deems prudent to suspend such operation or use in order to accommodate Contractor’s Warranty Services. If Equipment has been placed in service, Contractor shall perform such Warranty Service as soon as Owner deems it prudent to remove the same from service for any Warranty Service by Contractor; provided that the Warranty Period will continue until Contractor has completed such Warranty Service. Neither payment by Owner, nor any other provision of this Agreement, nor partial or entire use or possession of the Work by Owner shall relieve Contractor of liability with respect to the Warranty contained in this Article VII. Contractor shall bear all costs and expenses directly associated with the Warranty Services, including, all costs of services and equipment and of any necessary disassembly, removal, replacement, transportation, reassembly, reinstallation, and retesting, as well as reworking, repair or replacement of such Work, and reassembly of structures, electrical work, machinery, Equipment, or any other obstruction as necessary to give access to the non-conforming item for correction, and for removal, repair or replacement of any damage to other work or property that arises from the breach of Warranty and any applicable insurance deductibles. Upon completion of Warranty Service, all Equipment shall be returned or restored to its proper condition (subject to normal wear and tear), including but not limited to fit alignment, adjustment, operability and finish. If Contractor is obligated to repair, replace or renew any Equipment, item or portion of the Work hereunder, Contractor will undertake a technical analysis of the problem and correct the “root cause” unless Contractor can demonstrate to Owner’s reasonable satisfaction that there is no material risk of the reoccurrence of such problem. Contractor’s obligations under this Section 7.1 shall not be impaired or otherwise adversel...
Correction of Deficiencies. CONTRACTOR shall be responsible for correcting and/or adjusting all deficiencies in New Equipment/Systems that may be observed by any party to the Contract during system commissioning, measurement and verification, and testing procedures. Prior to issuance of Final ECM Acceptance Notice CONTRACTOR shall also provide DCAMM with satisfactory documentary evidence that the New Equipment/Systems installed are the New Equipment/Systems specified in the Design.
Correction of Deficiencies. Upon termination or cancellation of this Lease, Tenant shall indemnify Landlord for any loss, damage, cost or expense incurred by Landlord to correct all deficiencies of a physical nature identified by the governmental agency responsible for licensing Personal Care Facilities in the state in which the applicable Facility is located, local health, fire and safety agencies or any other government agency or Medicare or Medicaid (or any successor program) providers in the course of the change of ownership inspection and audit.
Correction of Deficiencies. If any portion of pavement fails to comply with minimum acceptable quality requirements, the Contractor is required to make corrections as directed by the Engineer and as herein specified. It is required that such corrections will be made as work progresses and not reserved for a separate operation at some later date. No payment will be made for material placed in excess outside of the specified allowable tolerances over grade or nominal plan dimensions, for corrective work of any type, or for material that must be removed to correct deficiencies. Time lost on the Contractor’s CPM schedule due to the necessity to perform corrective work is time fully under the Contractor’s control and is neither compensable nor excusable.
Correction of Deficiencies. The Contracting Officer may order the correction of a deficiency in the Carrier's quality assurance program or fraud prevention program. The Carrier shall take the necessary action promptly to implement the Contracting Officer's order. If the Contracting Officer orders a modification of the Carrier's quality assurance program or fraud prevention program pursuant to this paragraph (k) after the contract year has begun, the costs incurred to correct the deficiency may be excluded from the administrative expenses -- for the contract year -- that are subject to the administrative expenses limitation specified at Appendix B; provided the Carrier demonstrates that the correction of the deficiency significantly increases the Carrier's liability under this contract.
Correction of Deficiencies. If an observation shows unsatisfactory progress toward a unit member’s contract renewal, the evaluator shall promptly provide that individual with written recommendations for improvement, and shall work with the member to provide assistance in correcting deficiencies.
Correction of Deficiencies. (1) The Contractor shall notify the Contracting Officer, in writing, when the Contractor has corrected the business system's deficiencies.
(2) Once the Contractor has notified the Contracting Officer that all deficiencies have been corrected, the Contracting Officer will take one of the following actions:
(i) If the Contracting Officer determines that the Contractor has corrected all significant deficiencies as directed by the Contracting Officer's final determination, the Contracting Officer will direct the Contractor, in writing, to discontinue the payment withholding from invoices under this contract associated with the Contracting Officer's final determination, and authorize the Contractor to bill for any monies previously withheld that are not also being withheld due to other significant deficiencies. Any payment withholding under this contract due to other significant deficiencies, will remain in effect until the Contracting Officer determines that those significant deficiencies are corrected.
(ii) If the Contracting Officer determines that the Contractor still has significant deficiencies, the Contractor shall continue withholding amounts from its invoices in accordance with paragraph (e) of this clause, and not invoice for any monies previously withheld.
(iii) If the Contracting Officer determines, based on the evidence submitted by the Contractor, that there is a reasonable expectation that the corrective actions have been implemented and are expected to correct the significant deficiencies, the Contracting Officer will discontinue withholding payments, and release any payments previously withheld directly related to the significant deficiencies identified in the Contractor notification, and direct the Contractor, in writing, to discontinue the payment withholding from invoices associated with the Contracting Officer's final determination, and authorize the Contractor to bill for any monies previously withheld.
(iv) If, within 90 days of receipt of the Contractor notification that the Contractor has corrected the significant deficiencies, the Contracting Officer has not made a determination in accordance with paragraphs (f)(2)(i), (ii), or (iii) of this clause, the Contracting Officer will direct the Contractor, in writing, to reduce the payment withholding from invoices directly related to the significant deficiencies identified in the Contractor notification by a specified percentage that is at least 50 percent, but not authorize the Contractor ...
Correction of Deficiencies. WMC Resources shall remedy, rectify, or perform again, at its own expense, any particular Service which proved deficient as a result of its negligence or failure to perform its obligations under this Agreement.
