Correction of Services. The Consultant shall promptly correct any Services rejected by the City as failing to conform with the requirements of this Agreement, industry standards, or applicable laws, in the City’s sole discretion, whether discovered before or after the Term. Costs of correcting such rejected or nonconforming Services, including, but not limited, any additional labor or materials of the Consultant, its Subconsultants, the City or the City’s agents, made necessary thereby, shall be at the Consultant’s cost and expense. If the Consultant fails to correct such rejected or nonconforming Services within a reasonable time after receiving notice from the City, the City or its agents may correct such Services and the Consultant shall pay the City all costs, expenses, losses and damages incurred by the City to make such correction.
Correction of Services. Contractor agrees to correct any incomplete, inaccurate or defective Services at no further costs to City, when such defects are due to the negligence, errors or omissions of Contractor.
Correction of Services. If CenturyLink disputes the Invoice for any reason including:
(a) unsatisfactory performance or prosecution of the Services by Supplier or defective Services;
(b) liens or claims filed or reasonable evidence indicating the possible filing of claims;
(c) failure of Supplier to make payments promptly to subcontractors; or
(d) improper Invoice, CenturyLink will notify Supplier of the problem, which notification will describe the problem in enough detail for Supplier to correct the problem and will contain a date by which CenturyLink would like the problem corrected.
Correction of Services. The Consultant shall promptly correct any Services rejected by the City as failing to conform with the requirements of this Agreement, industry standards, or applicable laws, as a result of the failure to exercise the Standard of Care whether discovered before or a period of two (2) years after the Term. Costs of correcting such rejected or nonconforming Services, including, but not limited, any additional labor or materials of the Consultant, its Subconsultants, the City or the City’s agents, made necessary thereby, shall be at the Consultant’s cost and expense. If the Consultant fails to correct such rejected or nonconforming Services within a reasonable time after receiving notice from the City, the City or its agents may correct such Services and the Consultant shall pay the City all costs, expenses, losses and damages incurred by the City to make such correction.
Correction of Services. If prior to final completion of the Services under the Purchase Order or within one (1) year thereafter, Xxxxxxx shall reasonably determine that: (i) Contractor has not performed the Services, including provision of Materials, in accordance with the warranties set forth in this Section A.6, or (ii) Contractor has made an error or omission in the performance of the Services, then Contractor, at its own expense, shall promptly undertake and complete such corrective action as is necessary to remedy the error, omission or non-conformance. If Contractor does not complete such required corrective action within five (5) days following receipt of written notice from Hartree that such corrective action is required, then Hartree may (in addition to any other rights under the Agreement, at law or in equity) correct such error, omission or non-conformance, and Contractor shall be liable to Hartree for all costs and expenses incurred by Hartree in connection with such corrective action. Notwithstanding the foregoing, if any error, omission or non-conformance materially affects the use of the Facilities or presents an imminent threat to the safety or health of any person, Hartree may take corrective action immediately without giving such written notice to Contractor, and Contractor shall be liable to Hartree for all costs and expenses incurred by Hartree in connection with such corrective action and arising out of or relating to the error, omission or non-conformance. Contractor shall pay Hartree on demand all costs and expenses for which Contractor is liable under this Section A.6. No acceptance or payment by Xxxxxxx shall constitute a waiver of any of the foregoing warranties or Contractor’s obligations hereunder.
Correction of Services. If Consultant determines that all or part of the payment specified in any Request for Receipt should not be made, Supplier will immediately correct the problem, at its own expense, remedy any defects in the Service and pay for all damages resulting from the defects, including, but not limited to, additional testing, inspections, compensation for services, and expenses of CenturyLink made necessary by the faulty Service. Supplier and Consultant will work together in good faith to prepare a revised Request for Receipt acceptable to Consultant. Upon resolution of the dispute Consultant will deliver a revised or supplemental certification to the Contract or to be attached to the Request for Receipt and forward to CenturyLink for receipting (approval).
Correction of Services. Supplier will promptly correct Services identified as defective or incomplete pursuant to the Section of these Specific Terms and Conditions titled “Invoicing and Payments” or any Services which fail to conform in any way to the requirements of the Construction Documents, whether observed before or after payment of the Final Application for the Project including the Service, and whether or not fabricated, installed or completed.
Correction of Services. Should Engineer’s services not conform to the requirements of this Agreement and the Project Proposal as determined by Owner’s Project representative, Owner’s Project representative may order Engineer to re-perform such services at no additional expense to Owner or deduct the fees for such services from any other fees payable to Engineer under the terms of this Agreement.
Correction of Services. The CM shall, at no cost to the Owner, promptly and satisfactorily correct any services that are defective or not in conformity with the requirements of this Agreement. The obligation of the CM to correct defective or nonconforming services shall not in any way limit any other obligations of the CM and is in addition to any and all other rights and remedies available to the Owner under this Agreement or by law and shall in no event be construed or interpreted as obligating the Owner to make any correction of defective or nonconforming services.
Correction of Services. Consultant agrees to correct any incomplete, inaccurate or defective Services at no further costs to City, when such defects are due to the negligence, errors or omissions of Consultant.
