Common use of CORRECTIVE MEASURES IN SATELLITE AND OTHER CONTRACT DELIVERABLES Clause in Contracts

CORRECTIVE MEASURES IN SATELLITE AND OTHER CONTRACT DELIVERABLES. 11.1. NOTICE OF DEFECTS. (a) Customer shall notify Contractor within five (5) Business Days in writing when Customer becomes aware of a Defect existing in any Contract Deliverable or component part thereof. Said Defect shall be capable of being demonstrated to Contractor. In the event Contractor disagrees with Customer or Customer Personnel as to the existence or nature of a Defect, Contractor shall so advise Customer in writing. In such event, the Parties shall negotiate in good faith to determine what Defect, if any, exists and any action required to remedy such Defect. Except to the extent written waivers are made, Customer’s failure to notify Contractor of any Defect shall not constitute a waiver of any rights of Customer or obligations of Contractor under this Agreement with respect to any such Defects. (b) Contractor shall advise Customer as soon as practicable by telephone or e-mail and confirm in writing any event, circumstance, or development that materially threatens the quality of any Contract Deliverables or component parts thereof, including any Satellite, or threatens the Delivery Dates established therefore. (c) Without limiting the generality of the foregoing, if the data available from the Satellite shows that the Satellite contains a Defect, Contractor shall promptly inform Customer of such Defect.

Appears in 2 contracts

Samples: Satellite Purchase Agreement (Digitalglobe Inc), Satellite Purchase Agreement (Digitalglobe Inc)

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CORRECTIVE MEASURES IN SATELLITE AND OTHER CONTRACT DELIVERABLES. 11.110.1. NOTICE OF DEFECTS. (a) Customer shall notify Contractor within five (5) [**Redacted**] Business Days in writing when Customer becomes aware of a Defect existing in any Contract Deliverable or component part thereof. Said Defect shall be capable of being demonstrated to Contractor. In the event Contractor disagrees with Customer or Customer Personnel as to the existence or nature of a Defect, Contractor shall so advise Customer in writing. In such event, the Parties shall negotiate in good faith to determine what Defect, if any, exists and any action required to remedy such Defect. Except to the extent written waivers are made, Customer’s failure to notify Contractor of any Defect shall not constitute a waiver of any rights of Customer or obligations of Contractor under this Agreement with respect to any such Defects. . (b) Contractor shall advise Customer as soon as practicable by telephone or e-mail and confirm in writing any event, circumstance, or development that materially threatens the quality of any Contract Deliverables or component parts thereof, including any Satellite, or threatens the Delivery Dates established therefore. (c) Without limiting the generality of the foregoing, if the data available from the Satellite shows that the Satellite contains a Defect, Contractor shall promptly inform Customer of such Defect.

Appears in 2 contracts

Samples: Satellite Purchase Agreement (Digitalglobe Inc), Satellite Purchase Agreement (Digitalglobe Inc)

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