Cost of remedying Defects. Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to:
(a) the design of the Project;
(b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications and Standards;
(c) improper maintenance during construction of the Project Highway by the Contractor; and/ or
(d) failure by the Contractor to comply with any other obligation under this Agreement.
Cost of remedying Defects. For the avoidance of doubt, any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to:
(a) the design of the Project;
(b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications and Standards;
(c) improper maintenance during construction of the Project Highway by the Contractor; and/ or
(d) failure by the Contractor to comply with any other obligation under this Agreement.
Cost of remedying Defects. All work referred to in clause 11.A2 [Repair and Replacement of Parts] and clause 11 .1 [Completion of Work and Remedying Defects] shall be executed at the risk and cost of the Contractor, if and to the extent that the work is attributable to:
(a) the design of the Works, other than a part of the design for which the Employer is responsible (if any);
(b) Equipment, Plant, Materials or workmanship not being in accordance with the Contract;
(c) improper operation or maintenance which was attributable to matters for which the Contractor is responsible (under sub-clauses 5.5 to 5.7 or otherwise); or
(d) failure by the Contractor to comply with any other obligation. If and to the extent that such work is attributable to any other cause, the Contractor shall be notified by (or on behalf of) the Employer, and sub-clause 13.3 [Variation Procedure] shall apply.
Cost of remedying Defects. All work referred to in Sub-Clause 10.1shall be executed by the Contractor at his own cost, if the necessity for such work is due to:
Cost of remedying Defects. All work referred to in sub-paragraph (b) of Sub-Clause 11.1 [Completion of Outstanding Work and Remedying Defects] shall be executed at the risk and cost of the Contractor, if and to the extent that the work is attributable to:
(a) ISBL Design in respect of the Works;
(b) Plant, Materials or workmanship not being in accordance with the Contract,
(c) improper operation or maintenance which was attributable to matters for which the Contractor is responsible (under Sub-Clauses 5.5 to 5.7 or otherwise), or
(d) failure by the Contractor to comply with any other obligation. If and to the extent that such work is attributable to any other cause, the Contract Awarder shall give notice to the Contractor accordingly, and Sub-Clause 13.3 [Variation Procedure] shall apply.
Cost of remedying Defects. For the avoidance of doubt, any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to:
Cost of remedying Defects. All defects, indirect and consequential costs of correcting, removing or replacing any or all of the defective materials or equipment will be charged against the awarded vendor.
Cost of remedying Defects a. If any defect appears or damage occurs to the Project or any part thereof, the Authority shall promptly notify the Concessionaire in writing and the Concessionaire shall execute all work of amendment, reconstruction and remedying defects, imperfections or other faults or damages, as may be instructed by the Authority.
b. If in the reasoned decision of the Authority, the defects are due to:‐
(a) The design of the Works,
i. Plant and Machinery, Materials or workmanship not being in accordance with this Concession Agreement; or
ii. Failure by the Concessionaire to comply with any of its other obligations, All works shall be executed by the Concessionaire at its own cost.
c. If such necessity is due to any other cause, Authority shall notify the Concessionaire accordingly and seek agreement to an adjustment and Article 18 shall apply to such work. In the event that Concessionaire requires an extension of time to carry out the rectification of such defects the provisions of Article 12.4 shall apply.
Cost of remedying Defects. 15.3.1 For avoidance of doubt, any repair or rectification undertaken in accordance with the provisions of this Article shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to:
a) the design of the Project;
b) Works, plant, equipments, machineries, material, software, content, script, voice- over creative component of project, workmanship or any part of the Project not being in accordance with the provisions mentioned in the Contract Agreement;
c) improper maintenance during execution of the Project by the Contractor; and/or
d) Failure by the Contractor to comply with any other obligation under this Contract Agreement.
Cost of remedying Defects. All work referred to in Sub-Clause 11.2 (b) shall be executed by the Contractor at his own cost if the necessity thereof is, in the opinion of the Engineer, due to:
(a) the use of materials, Plant or workmanship not in accordance with the Contract,
(b) where the Contractor is responsible for the design of part of the Permanent works, any fault in such design, or
(c) the neglect or failure on the part of the Contractor to comply with any obligation, expressed or implied, on the Contractor’s part under the Contract.
