Deficient Services. In addition to and not in limitation of any other rights and remedies of Owner in connection with the Services, Construction Manager agrees to re-perform and to correct at its sole expense any Services performed by Construction Manager pursuant to this Agreement that fail to comply with the requirements of this Agreement, including any exhibits hereto, and to re-perform and to correct any Services that fail to meet or conform with the standard of care that Construction Manager has accepted pursuant to Paragraph 5 or any of the minimum specifications and standards set forth in Exhibit A. Construction Manager shall reimburse Owner for, or, at Owner’s sole discretion, Owner may offset against any amounts otherwise due to Construction Manager or its affiliates for any additional costs that may be incurred by Owner relating to Construction Manager’s failure to properly perform the Services required by this Agreement.
Deficient Services. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully and competently, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. SGVCOG may disapprove services that do not conform to these standards and practices and may withhold or deny compensation for deficient services. Upon disapproval of services by SGVCOG, Consultant shall immediately re-perform, at its own costs, the services that are deficient. SGVCOG must notify Consultant in writing of the existence of such deficient services within a reasonable time, not to exceed sixty (60) days after its discovery thereof, but in no event later than one (1) year after the completion of such deficient services. No approval, disapproval, or omission to provide approval or disapproval shall release Consultant from any responsibility under this Agreement.
Deficient Services. If the Client determines in its reasonable judgment that the Service Provider’s Services are deficient, defective, or incomplete in any fashion (any of the foregoing, a “Deficiency”), the Client shall have the right, in addition to all other rights that may be available to the Client whether at law or in equity, to elect, at its sole discretion to: (a) notify Service Provider of the Deficiency, in which event Service Provider shall promptly correct such Deficiency; or (b) retain a third party or undertake to perform the cure of the Deficiency itself, in which event the Compensation associated with such deficient Services shall be deemed not earned by the Service Provider and shall be retained by the Client and not paid to Service Provider,
Deficient Services. Services will be considered “Deficient Services” if Patheon fails to comply with the applicable [**] Any disagreement between the Parties as to whether Deficient Services exist will be handled in accordance with Section 13.4.
