Cure of Defect Sample Clauses
The "Cure of Defect" clause establishes a process by which a party responsible for a defect—such as a flaw in goods, services, or work—has the opportunity to correct the issue within a specified timeframe after being notified. Typically, the non-breaching party must provide written notice detailing the defect, after which the responsible party is given a set period to remedy the problem before further remedies, such as termination or damages, can be pursued. This clause serves to encourage resolution of issues without immediate escalation, promoting fairness and efficiency by allowing parties to fix problems before facing more severe consequences.
Cure of Defect. Borrower shall promptly cure any defects in the execution and delivery of any of the other Loan Documents and all other instruments executed in connection with this transaction.
Cure of Defect. Owner must promptly notify Design-Builder in writing of any defect discovered during the Warranty Period (the “Warranty Defect Notice”). Owner must provide Design-Builder with an opportunity to inspect the defect. Upon inspection, Design-Builder may elect to either cure the defect according to industry standards or pay to Owner, according to its own estimate, the cost of repair or replacement of the defect. This Warranty Defect Notice shall serve as the written notice of claim described required by RCW 64.50. In no event shall Design- Builder’s liability exceed the fair and reasonable cost of repair or replacement of the defect. Design-Builder shall not be liable for costs incurred by Owner unless Design-Builder has received the Warranty Defect Notice and has been afforded reasonable opportunity to cure the defect or to pay the cost of repair and replacement as set forth in this Section 6.3.
Cure of Defect. Promptly cure any defects in the execution and -------------- delivery of any of the other Loan Documents and all other instruments executed in connection with this transaction.
Cure of Defect. If Owner discovers any nonconformity or defect during the Warranty Period, Owner will provide written notice to Contractor within thirty (30) days. Contractor will then cure the nonconformity or defect in a manner customary in the industry, within thirty (30) days of receiving such notice or within another period of time agreed to by Owner and Contractor in writing. If Contractor fails to timely cure the nonconformity or defect, Contractor will be responsible to pay Owner for all damages and reasonably associated costs of curing the defect.
Cure of Defect. If a defect is discovered within the Warranty Period, then Owner must promptly notify Contractor in writing following the discovery of that defect (the “Warranty Defect Notice”) and must provide Contractor with an opportunity to inspect and an opportunity to either cure the defect in a manner customary in the industry or to pay to Owner the cost of repair or replacement of the defect as estimated by Contractor. This Warranty Defect Notice shall serve as the written notice of claim described in the following paragraph. In no event shall Contractor’s liability exceed the fair and reasonable cost of repair or replacement of the warranted defect. Contractor shall not be liable for any cost or expense incurred by Owner in remedying any warranted defects unless Contractor has been notified in writing and has been afforded the opportunity to cure the claimed defect or to pay the sums specified herein. Nothing contained in this section shall be construed to establish a period of limitation with respect to Contractor’s other obligations under the Contract Documents 6.3 Notice of Defect Claim. WASHINGTON LAW, CHAPTER 64.50 RCW CONTAINS IMPORTANT REQUIREMENTS THAT OWNER MUST FOLLOW BEFORE OWNER MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST CONTRACTOR. FORTY-FIVE (45) DAYS BEFORE OWNER FILES A LAWSUIT, OWNER MUST DELIVER TO CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS OWNER ALLEGES ARE DEFECTIVE AND PROVIDE CONTRACTOR THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. OWNER IS NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT OWNER’S ABILITY TO FILE A LAWSUIT.
Cure of Defect. Owner must promptly notify Contractor in writing of any defect discovered during the Warranty Period (the “Warranty Defect Notice”). Owner must provide Contractor with an opportunity to inspect the defect. Upon inspection, Contractor may elect to either cure the defect according to industry standards or pay to Owner, according to its own estimate, the cost of repair or replacement of the defect. This Warranty Defect Notice shall serve as the written notice of claim described required by RCW 64.50. In no event shall Contractor’s liability exceed the fair and reasonable cost of repair or replacement of the defect. Contractor shall not be liable for costs incurred by Owner unless Contractor has received the Warranty Defect Notice and has been afforded reasonable opportunity to cure the defect or to pay the cost of repair and replacement as set forth in this Section 7.3.
Cure of Defect. If a defect is discovered within the Warranty Period, then Tribe must promptly notify Contractor in writing following the discovery of that defect (the “Warranty Defect Notice”) and must provide Contractor with an opportunity to inspect and an opportunity to either cure the defect in a manner customary in the industry or to pay to Tribe the cost of repair or replacement of the defect as estimated by Contractor.