Defective Work or Materials Sample Clauses

Defective Work or Materials. Work or materials not conforming to the requirements of the Construction Documents are hereby deemed to be rejected, whether in place or not and regardless of whether or not such material have been expressly rejected by VOLCANO. Rejected Materials or Work shall be immediately removed from the construction site and CFZ shall promptly replace such rejected Materials and shall repair and replace any contiguous Work which is damaged under CFZ’s charge. Unless the Building Construction Description provide the contrary, all inspections, tests and approvals of methods or means of construction, materials or workmanship included in the work shall be performed at such times by CFZ and will be available to VOLCANO. VOLCANO can request an independent inspection paid by VOLCANO, if the test is contradictory with CFZ’s test, CFZ will reimburse VOLCANO for the test.
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Defective Work or Materials. Work or materials not conforming to the requirements of the Construction Documents are hereby deemed to be rejected, whether in place or not and regardless of whether or not such material have been expressly rejected by VOLCANO. Rejected Materials or Work shall be immediately removed from the construction site and CFZ shall promptly replace such rejected Materials and shall repair and replace any contiguous Work which is damaged under CFZ´s charge. Unless the Scope Manual provide the contrary, all inspections, tests and approvals of methods or means of construction, materials or workmanship included in the work shall be performed at such times by CFZ by a independent inspection and will be available to VOLCANO. VOLCANO can request a second independent inspection paid by VOLCANO, if the test is contradictory with CFZ´s test, CFZ will reimburse VOLCANO for the test. CFZ shall be responsible for contracting the air balancing, commissioning and validation. CFZ may be subject to a second validation performed by an independent third party chosen and paid for by Volcano. In case the second validation is rejected the cost for repeating the validation will be assumed by CFZ. The following is a further description of the full scope of CFZ’s Construction Phase Services.
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Defective Work or Materials. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill his contract, and defective work shall be made good, and unsuitable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted. If the work, or any part thereof, shall be found defective at any time prior to the final acceptance of the whole work, the Contractor shall forthwith make good such defect, without additional compensation, in a manner satisfactory to the Engineer. Should it be considered necessary or advisable for the Agency, at any time before final acceptance of the work, to make an examination of work already completed by removing or exposing the work, the Contractor shall, on request, promptly furnish all necessary facilities, labor and materials. If such work is found to be defective in any respect due to fault of the Contractor or any of his subcontractors, he shall defray all the expenses of such examinations and of satisfactory reconstruction. If, however, such work is found to meet the requirements of this Contract, the additional cost of labor and materials necessarily involved in the examination and replacement, plus fifteen percent (15%) shall be allowed the Contractor. All costs for retesting and re-inspection which are necessitated by defective materials and/or workmanship shall be at the sole expenses of the Contractor.
Sample 1

Related to Defective Work or Materials

  • Licensed Software Computer program(s) provided by Contractor in connection with the Deliverables, subject to Section 14 of this Contract.

  • Proprietary Materials Each of the Parties shall own its own intellectual property including without limitation all trade secrets, know-how, proprietary data, documents, and written materials in any format. Any materials created exclusively by IPS for the School shall be owned by IPS, and any materials created exclusively by Operator for the School shall be Operator’s proprietary material. The Parties acknowledge and agree that neither has any intellectual property interest or claims in the other Party’s proprietary materials. Notwithstanding the foregoing, materials and work product jointly created by the Parties shall be jointly owned by the Parties and may be used by the individual Party as may be agreed upon by both Parties from time to time.

  • Product Information EPIZYME recognizes that by reason of, inter alia, EISAI’s status as an exclusive licensee in the EISAI Territory under this Agreement, EISAI has an interest in EPIZYME’s retention in confidence of certain information of EPIZYME. Accordingly, until the end of all Royalty Term(s) in the EISAI Territory, EPIZYME shall keep confidential, and not publish or otherwise disclose, and not use for any purpose other than to fulfill EPIZYME’s obligations, or exercise EPIZYME’s rights, hereunder any EPIZYME Know-How Controlled by EPIZYME or EPIZYME Collaboration Know-How, in each case that are primarily applicable to EZH2 or EZH2 Compounds (the “Product Information”), except to the extent (a) the Product Information is in the public domain through no fault of EPIZYME, (b) such disclosure or use is expressly permitted under Section 9.3, or (c) such disclosure or use is otherwise expressly permitted by the terms and conditions of this Agreement. For purposes of Section 9.3, each Party shall be deemed to be both the Disclosing Party and the Receiving Party with respect to Product Information. For clarification, the disclosure by EPIZYME to EISAI of Product Information shall not cause such Product Information to cease to be subject to the provisions of this Section 9.2 with respect to the use and disclosure of such Confidential Information by EPIZYME. In the event this Agreement is terminated pursuant to Article 12, this Section 9.2 shall have no continuing force or effect, but the Product Information, to the extent disclosed by EPIZYME to EISAI hereunder, shall continue to be Confidential Information of EPIZYME, subject to the terms of Sections 9.1 and 9.3 for purposes of the surviving provisions of this Agreement. Each Party shall be responsible for compliance by its Affiliates, and its and its Affiliates’ respective officers, directors, employees and agents, with the provisions of Section 9.1 and this Section 9.2.

  • Technical Information The Employer agrees to provide to the Union such information that is available relating to employees in the bargaining unit, as may be required by the Union for collective bargaining purposes.

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