Cure of Defect Sample Clauses

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.
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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.
Sample 1
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.
Sample 1
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.
Sample 1
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.
Sample 1
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.
Sample 1

Related to Cure of Defect

  • DEFECTIVE GOODS 20.1 Notwithstanding any certificate and/or receipt that may have been issued by or on behalf of Transnet either in South Africa or overseas, Goods will be accepted at the place of delivery or at the port of shipment, as specified in this Agreement, only as regards outward condition of packages and Transnet retains the right to reject the Goods supplied, on or after arrival at the place to which they are consigned, or after they have been placed in use in South Africa, should they be found defective. 20.2 If Goods are rejected owing to latent defects becoming apparent during machining operations or other preparation necessary on the part of Transnet before they can be put into use, the Supplier shall bear all expenses incurred by Transnet in carrying out such necessary operations. 20.3 If such Goods are rejected, the Supplier will pay the following costs: a) for Goods purchased in South Africa on an ex works basis, the cost of transport from the Supplier’s works in South Africa to the named destination where the Goods have been rejected by Transnet, plus handling charges and storage, if leviable; or b) for Goods manufactured overseas, the Supplier shall pay all replacement costs including the overseas inland transport cost, freight and insurance charges incurred plus railage or other inland transport costs from the South African port to the place where the Goods have been rejected by Transnet, including handling charges, storage, landing charges, customs duty and surcharges, if leviable. 20.4 If Transnet requires rejected Goods to be replaced, the Supplier shall, when called upon to do so, arrange prompt replacement of the Goods within the prescribed manufacturing lead times for such Goods, as indicated in Schedule 1. 20.5 If Goods are found to be defective but the defects are, in the opinion of Transnet, not of so serious a nature as to warrant total rejection of the Goods, the Supplier shall, when called upon to do so, remedy or make good such defects at its own cost, or Transnet may remedy or make good such defects at the request of the Supplier and recover from the Supplier all costs or expenses reasonably incurred by it in doing so. 20.6 Should the Supplier fail, when called upon to remedy or make good such defects within a reasonable time or to request Transnet to do so, Transnet may proceed to remedy or make good such defects and thereafter recover from the Supplier all such costs and expenses as aforementioned. 20.7 Any amount recoverable from the Supplier in terms of this clause may, without prejudice to any other legal remedies available to Transnet, be deducted in whole or in part from any monies in the hands of Transnet which are due for payment to the Supplier.

Most Referenced Clauses

Most Referenced Definitions