Correction of Deliverables. Unless the Parties agree to a Cumulative Correction in accordance with Section 4.3.2 below, Contractor shall thereupon supply Customers with Deliverables conforming to respective Exhibit Set. Subject to Section 4.3.2, and for the avoidance of doubt, Liquidated Damages in accordance with Exhibit C shall be applicable from the date that Customer(s) provides notice to Contractor of such nonconformance in accordance with Section 4.2 until such time as the missed Key Milestone is delivered by Contractor.
Correction of Deliverables. Contractor will correct in-scope problems found with the Deliverable and will address the correction of out-of-scope changes according to the Change Order Process. Contractor will submit a schedule for making changes to the Deliverable within two (2) days of receiving a rejected Deliverable Acceptance Form. Once Contractor corrects all previously identified in-scope problems, the Deliverable will be resubmitted for accetance.
Correction of Deliverables. If Amazon reasonably identifies that: (A) Services supplied do not comply with this Agreement or applicable Order, Supplier will upon notice by Amazon correct such Services within [***]. If Supplier fails to do so, Amazon may take such action necessary to correct the Services and will be entitled to recover from Supplier an amount equal to the diminished value of any uncorrected Services and/or its costs reasonably incurred in correcting the Services; or (B) Products supplied are defective or do not comply with this Agreement or applicable Order, Supplier will promptly correct such Products on-site or, if not possible, de-install and collect such Products to promptly correct them off-site. If Supplier is unable to fully correct such Products it will, at Amazon’s option (i) replace the defective or non-compliant Products, or (ii) provide Amazon with a full credit or refund, in which case Supplier will promptly de-install and remove any installed Products.
Correction of Deliverables. If Unicycive rejects any Deliverables under Section 8.2, Ascent shall use its best efforts to cure the breach that constitutes the basis of such rejection without cost to Unicycive. If such breach cannot be reasonably cured, Ascent shall (i) return to Unicycive any and all payments made by Unicycive to Ascent in regards to the defective Deliverable or applicable Services, and (ii) reimburse Unicycive for the actual replacement cost of any Unicycive Supplied Materials consumed during Ascent’s performance of such Services.
Correction of Deliverables. In the event DMC Stratex rejects any Deliverable, MTI will promptly correct the Errors existing in any Deliverable set forth in the Statement of Errors and redeliver the Deliverable to DMC Stratex within [****], or within [****] if reprocessing of prototypes is required, after receipt of the Statement of Errors. Within [****] after such redelivery, DMC Stratex will provide MTI with written acceptance or another Statement of Errors. The procedure set forth in this Section 5.2.2 will be repeated until DMC Stratex either accepts the Deliverables or terminates this Agreement pursuant to Section 16.2 below.
Correction of Deliverables. Vendor will, without charge, correct any non-conformity, defect or malfunction in any Deliverable within thirty (30) days of notice from Meta Tech. If Vendor is unable to correct the Deliverable within that thirty (30) day period, Vendor will do the following, as directed by Meta Tech, at Vendor’s sole cost and expense: (a) procure the right for Meta Tech’s continued use of the affected Deliverable; (b) replace the affected Deliverable; (c) modify the affected Deliverable to conform to Meta Tech’s Case 5:23-cv-05159-NC Document 1-2 Filed 10/10/23 Page 7 of 33 INB2651792 requirements; or (d) refund Meta Tech all fees paid (and expenses incurred by Meta Tech) for the non-conforming Services and Deliverable.
Correction of Deliverables. If Pulsant reasonably identifies that: (A) the Services supplied do not comply with this Agreement or applicable Order, the Supplier will upon notice by Pulsant correct such Services within 30 days. If the Supplier fails to do so, Pulsant may take such action necessary to correct the Services and will be entitled to recover from the Supplier an amount equal to the diminished value of any uncorrected Services and/or its costs reasonably incurred in correcting the Services; or (B) the Products supplied are defective or do not comply with this Agreement or applicable Order, the Supplier will promptly correct such Products on-site or, if not possible, de- install and collect such Products to promptly correct them off-site. If the Supplier is unable to fully correct such Products it will, at Pulsant’s option (1) replace the defective or non-compliant Products, or (2) provide Pulsant with a full credit or refund, in which case then the Supplier will promptly de-install and remove any installed Products at the Supplier’s own expense.
Correction of Deliverables
