Defects Notice Sample Clauses

Defects Notice. ‌ (1) If an Item of Work is Complete, but that Item of Work contains a defect which: (a) adversely affects the ordinary use and/or enjoyment of the item; or (b) will require maintenance or rectification works to be performed on it at some time in the future as a result of the existence of the defect;
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Defects Notice. 10.1.1 Where any Item of Works is Complete, but that item contains a Defect, Council may issue a notice to the Developer (Defects Notice) concerning that Item of Works but only during the relevant Defects Liability Period. 10.1.2 A Defects Notice must contain the following information: (a) the nature and extent of the Defect; (b) the work Council requires the Developer to carry out in order to rectify the Defect; and (c) the time within which the Defect must be rectified by the Developer (which must be a reasonable time and not less than fourteen (14) days).
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Defects Notice. ‌ Where any part of the Affordable Housing Units Works has been Completed but those Affordable Housing Units Works contain a material defect which: adversely affects the ordinary use and/or enjoyment of the relevant Affordable Housing Units Works; and/or will require rectification works to be performed on them as a result of the existence of the defect;
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Defects Notice. (1) Where any part of the Works has been Completed but those Works contain a material defect which: (a) adversely affects the ordinary use and/or enjoyment of the relevant Works; or (b) will require maintenance or rectification works to be performed on them at some time in the future as a result of the existence of the defect, (Defect) Council may issue a defects notice (Defects Notice) concerning those Works but only within the Defects Liability Period. (2) A Defects Notice must contain the following information: (a) the nature and extent of the Defect; (b) the work Council requires the Developer to carry out in order to rectify the Defect; and (c) the time within which the Defect must be rectified (which must be a reasonable time and not less than ten (10) business days).
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Defects Notice. Where any Item of Work is Complete but that item contains a Defect which:
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Defects Notice. (a) Where any Item of Work is Complete but that item contains a Defect which: (i) adversely affects the ordinary use and/or enjoyment of that item; or (ii) will require maintenance or rectification works to be performed on it at some time in the future as a result of the existence of the Defect, Council may issue a notice to the Developer (Defects Notice) concerning that Item of Work but only during the Defects Liability Period applicable to that Item of Work. (b) A Defects Notice must contain the following information: (i) the nature and extent of the Defect; (ii) the work Council requires the Developer to carry out in order to rectify the Defect; and (iii) the time within which the Defect must be rectified by the Developer (which must be a reasonable time and not less than fourteen (14) days).
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Defects Notice. (a) Where a Certificate of Practical Completion has been issued for all or any part of the Works in Kind pursuant to clause 7.3(c)(i), but the relevant part of the Works in Kind contains a material defect, being a defect which: (i) adversely affects the ordinary use and/or enjoyment of the relevant part of the Works in Kind; or (ii) will require maintenance or rectification works to be performed on the Works in Kind as a result of the existence of the defect, (Defect), Council may issue a defects notice (Defects Notice) to the Developer concerning that part of the Works in Kind, but only within the Defects Liability Period. (b) A Defects Notice must contain the following information: (i) the nature and extent of the Defect; (ii) the specific details of the work Council requires the Developer to carry out in order to rectify the Defect; and (iii) the time within which the Defect must be rectified (which must be a reasonable time and not less than 10 Business Days).
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Defects Notice. ‌ (a) Where a Certificate of Practical Completion has been issued for all or any part of the Works in Kind pursuant to clause 7.6(c)(i), but the relevant part of the Works in Kind is incomplete, has minor omissions or defects (which did not prevent the issuing of a Certificate of Practical Completion) or contains any other defect, being a defect which:‌ (i) adversely affects, or is likely to adversely affect, the appearance, structural integrity, functionality or the ordinary use and/or enjoyment of the relevant part of the Works in Kind; or (ii) will require maintenance or rectification works to be performed on the Works in Kind as a result of the existence of the defect, (Defect), Council may issue a defects notice (Defects Notice) to the Developer concerning that part of the Works in Kind, but only within the Defects Liability Period. (b) A Defects Notice must contain the following information: (i) the nature and extent of the Defect, omission or incomplete work; (ii) the specific details of the work Council requires the Developer to carry out in order to rectify the Defect, omission or incomplete work; and (iii) the time within which the Defect, omission or incomplete work must be rectified (which must be a reasonable time having regard to the nature of the Defect, omission or incomplete work).
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Related to Defects Notice

  • Notice of Defects If, based on Consulting Engineer/Architect's involvement during the construction phase, Consulting Engineer/Architect observes or otherwise becomes aware of any defect in the work, he shall give prompt written notice to City of such defects and their approximate location on the Project. However, Consulting Engineer/Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, inspections and programs in connection with the work, since these are solely the contractor's responsibility under the contract for construction. Consulting Engineer/Architect shall not be responsible for the contractor's schedules or failure to carry out the work in accordance with the Contract Documents. Consulting Engineer/Architect shall not have control over or charge of acts or omissions of the contractor, contractor's subcontractors, or their agents or employees.

  • CAFA Notice Pursuant to 28 U.S.C. § 1715, not later than ten (10) days after the Agreement is filed with the Court, the Settlement Administrator shall cause to be served upon the Attorneys General of each U.S. State in which Settlement Class members reside, the Attorney General of the United States, and other required government officials, notice of the proposed settlement as required by law, subject to Paragraph 5.1 below.

  • Notice of Dispute The party wishing to commence the dispute resolution process must give written notice (Notice of Dispute) to the other parties of: (a) The nature of the dispute, (b) The alleged basis of the dispute, and (c) The position which the party issuing the Notice of Dispute believes is correct.

  • Timely Notice Failure to timely provide such notice required by subsection (g) above shall entitle Warrantholder to retain the benefit of the applicable notice period notwithstanding anything to the contrary contained in any insufficient notice received by Warrantholder. The notice period shall begin on the date Warrantholder actually receives a written notice containing all the information specified above.

  • Response to Notice Within ten business days of receiving the Claim Notice, the Respondent must notify the Claimant of its representative to negotiate the dispute.

  • Dispute Notice If there is a dispute between the parties, then either party may give a notice to the other succinctly setting out the details of the dispute and stating that it is a dispute notice given under this clause 17.1.

  • Notice of Disputes Notice of the dispute will be submitted on the form provided in Appendix A and sent to the responding party, in order to provide an opportunity to respond. The Crown shall be provided with a copy. a) Notice of the dispute shall include the following: i. Any central provision of the collective agreement alleged to have been violated. ii. The provision of any statute, regulation, policy, guideline, or directive at issue. iii. A comprehensive statement of any relevant facts. iv. The remedy requested.

  • Title Objections On or before the expiration of the Inspection Period, herein defined, Purchaser, at Purchaser's expense, may obtain a title commitment issued by Escrow Agent, which shall provide a commitment to insure title to the Real Property on the full-coverage, standard, revised ALTA Owner's Policy of title insurance, Form B (the "Title Commitment") in the amount of the Purchase Price subject, however, to the Permitted Exceptions (to which Purchaser does not object), but without exception as to mechanics or similar liens, free and clear of any and all other mortgages, liens, judgments, leases, encumbrances, parties in possession, licenses, covenants, conditions, restrictions, easements, encroachments and any other matters of any nature affecting the title except as permitted in this Agreement. Within ten (10) days of receipt by Purchaser of the Title Commitment and the Survey, Purchaser shall advise Seller in writing of any objections to the Title Commitment (including any of the Permitted Exceptions) and the Survey and, if no objections are so submitted by Purchaser within the applicable time period, it shall be deemed that the Title Commitment and the Survey are satisfactory, and Purchaser has no objections thereto. If Purchaser does advise Seller in writing of any objections, Seller shall have ten (10) days after the receipt of such statement of objections in which to notify Purchaser as to whether it will cure or remove such objections, Seller having no obligation to do so. If Seller notifies Purchaser that it will not cure or remove such objections, or if Seller is deemed to have elected not to cure such objections, then within ten (10) days after the receipt by Purchaser of such notice from Seller, or upon expiration of such ten (10) day period, Purchaser shall elect to either (i) terminate this Agreement, whereupon this Agreement shall be of no further force and effect, the Xxxxxxx Money shall be returned to Purchaser, and no party hereto shall have any further rights, liabilities or obligations hereunder or (ii) waive such objections to Seller's title. Failure by Purchaser to elect either alternative within such ten (10) day period shall be deemed an election to waive such objections. If Seller sends no notice to Purchaser within said ten (10) days, Seller shall be deemed to have elected not to cure any such title objections.

  • Delivery Notice Notice of the Aircraft's Delivery Date, given by the Lessee as provided in Section 3.01 of the Participation Agreement and including any notice with respect to a postponed Delivery Date given by the Lessee pursuant to Section 3.05(c) of the Participation Agreement.

  • Notice of Title Defects (a) If Buyer discovers any Title Defect affecting any Asset, Buyer shall notify Seller as promptly as possible, but no later than the expiration of the Examination Period of such alleged Title Defect. To be effective, such notice must (i) be in writing, (ii) be received by Seller by 5:00 p.m. Central Standard Time on the expiration date of the Examination Period and (iii) describe the Title Defect in reasonable detail, to the extent then reasonably known by Buyer (including the estimated value of such Title Defect as determined by Buyer). Any matters that may otherwise constitute Title Defects, but of which Seller has not been notified by Buyer in accordance with the foregoing, shall be deemed to have been waived by Buyer for all purposes and shall constitute Permitted Encumbrances. (b) Upon the receipt of such effective notice from Buyer, Seller, at Seller’s option, shall (i) subject to Section 3.05(a), attempt to cure such Title Defect at any time prior to the Closing or (ii) exclude the affected Asset from the sale and reduce the Purchase Price by the Allocated Value of such affected Asset as set forth on Exhibit C. (c) The value attributable to each Title Defect (the “Title Defect Value”) that is asserted by Buyer in the Title Defect notices shall be determined based upon the criteria set forth below: (i) If the Title Defect is a lien upon any Asset, the Title Defect Value is the amount reasonably expected to be necessary to be paid to remove the lien from the affected Asset. (ii) If the Title Defect asserted is that the Net Revenue Interest attributable to any Well or unit or Well location is less than that stated in Exhibit C or the Working Interest attributable to any Well or unit or Well location is greater than that stated in Exhibit C, then the Title Defect Value shall take into account the relative change in the interest from Exhibit C and the appropriate Allocated Value attributed to such Asset. (iii) If the Title Defect represents an obligation, encumbrance, burden or charge upon the affected Asset (including any increase in Working Interest for which there is not a proportionate increase in Net Revenue Interest) for which the economic detriment to Buyer is unliquidated, the amount of the Title Defect Value shall be determined by taking into account the Allocated Value of the affected Asset, the portion of the Asset affected by the Title Defect, the legal effect of the Title Defect, the potential discounted economic effect of the Title Defect over the life of the affected Asset. (iv) If a Title Defect is not in effect or does not adversely affect an Asset throughout the entire productive life of such Asset, such fact shall be taken into account in determining the Title Defect Value. (v) The Title Defect Value shall be determined without duplication of any costs or losses included in another Title Defect Value hereunder. (vi) Notwithstanding anything herein to the contrary, in no event shall a Title Defect Value exceed the Allocated Value of the Wxxxx, units or other Assets affected thereby. (vii) Such other factors as are reasonably necessary to make a proper evaluation.

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