Defective performance Sample Clauses

Defective performance. The Contractor guarantees that if there is a defect in the performance of the Services the Contractor will remedy the defect or redo the Services at no additional cost to the Company. Where the Contractor refuses or fails to remedy a defect in performance of the Services or redo the Services within an agreed timeframe, the Contractor agrees that the Company may arrange for the performance of the necessary remedial work and recover any costs from the Contractor.
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Defective performance. 7.1. Purchaser is obliged to examine the delivered products in the shortest period of time possible, and confirm whether the fulfilment was acceptable. The quantitative shortcomings, possible damages and qualitative defects of the delivered products shall be recorded and reported upon receipt, and should be acknowledged by the carrier as well, insofar as the transfer was not arranged by the Purchaser. In the case of delivery by carrier, Purchaser is obliged to – in the interest of Supplier – make timely and appropriate arrangements necessary for the enforcement of claims against the carrier. Failure to do so does not serve as grounds for the Purchaser to demand the reimbursement of damages that could have been implemented against the carrier. Purchaser is obliged to receive the shipment even in case of its non-significant deficiency.
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Defective performance. If there is a defect, and this is not due to the contracting authority or circumstances on its part, the contracting authority may:
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Defective performance. 8.1 As far as IBExpert is obliged to supply new program versions to the customer, the warranty provisions stipulated in the Terms and Conditions for Software shall apply mutatis mutandis in case of defectiveness of these software programs.
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Defective performance. 2.13.1 If the Contractor or any of its Subcontractors has not carried out a Task or Tasks to the standard required by Clause 2 (Contractor's Obligations) of this Contract and/or the relevant Performance Agreement Form ("Defective Performance"), the Contractor shall remedy (or shall procure that the relevant Subcontractor remedies) the Defective Performance in accordance with this Clause 2.13 (Defective Performance).
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Defective performance. If there is a defect, and this is not due to the Contractor or circumstances on its part, the Contractor may:
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Defective performance a) The Contractor guarantees that if there is a defect in the performance of the Services the Contractor will remedy the defect or redo the Services at no additional cost to the Shire within the timeframe agreed by the Contractor (acting reasonably) and the Shire.
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Defective performance. (A) Without prejudice to Clause 7.2.2(B), if the SLC has informed the Authority pursuant to clause 2.13.3 of the Site M&O Contract that the Contractor (or any of its Subcontractors) has not carried out a Task or Tasks to the standard required by clause 2 (Contractor's Obligations) of the Site M&O Contract and/or the relevant Performance Agreement Form and it has been agreed pursuant to clause 2.13.4 of the Site M&O Contract that the cost of remedying such defective performance will exceed --------------- ------- ------------ , the PBO hereby indemnifies the Authority in respect of each and every defect for those costs of remedying such defective performance in excess of - ---------------- -------- .
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Defective performance. 7.1 If Trafficom breaches the present Contract, Trafficom is liable for any loss in the value of the assets of UTG.
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Related to Defective performance

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

  • Strict Performance Failure by any party to this Contract to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto.

  • Defective Perfection If Bank shall receive at any time following the Closing Date an SOS Report indicating that except for Permitted Liens, Bank’s security interest in the Collateral is not prior to all other security interests or Liens of record reflected in the report;

  • Prompt Performance All actions required to be taken (including payments) by any party under this Agreement shall be performed within the time prescribed for performance in this Agreement, or if no period is prescribed, such actions shall be performed promptly.

  • Not Impair Performance Buyer shall not take any intentional action that would cause the conditions upon the obligations of the parties hereto to effect the transactions contemplated hereby not to be fulfilled, including, without limitation, taking or causing to be taken any action that would cause the representations and warranties made by any party herein not to be true, correct and accurate as of the Closing, or in any way impairing the ability of Seller to satisfy its obligations as provided in Article VII.

  • Buyer’s Performance (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects.

  • Seller’s Performance (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects.

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • PERIOD OF PERFORMANCE The period of performance for this contract begins , and ends . ARTICLE 4.

  • Assist Performance Buyer shall exercise its reasonable best efforts to cause to be fulfilled those conditions precedent to Seller’s obligations to consummate the transactions contemplated hereby which are dependent upon actions of Buyer and to make and/or obtain any necessary filings and consents in order to consummate the sale transaction contemplated by this Agreement.

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