Delay in Remedying Defects Sample Clauses

Delay in Remedying Defects. ‌ If any such Defect or damage is not remedied by Seller within a reasonable time or requires prompt remediation as a result of an emergency situation existing at the Site, Buyer may proceed to do the Work at Seller’s risk and expense provided that it does so in a reasonable manner and notifies Seller of Buyer’s intention so to do. All Costs incurred by Buyer shall be deducted from the Purchase Price or be paid by Seller to Buyer.
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Delay in Remedying Defects. If any such error defect damage or failure be not remedied by the Contractor within 14 (fourteen) days from receipt of the notification thereof by the Purchaser or Engineer under Clause 36.2, the Purchaser may proceed to do the work at the Contractor's expense provided that it notifies the Contractor of its intention so to do. The cost reasonably incurred by the Purchaser shall, without prejudice to any other method of recovery be deducted from the Contract Price or be paid by the Contractor to the Purchaser forthwith on demand. Provided, however, that if the Contractor demonstrates to the satisfaction of the Purchaser that the Contractor has made best endeavours (such as placement of orders for replacement materials and equipments in good time) to remedy the defects within the stipulated time and any delay is for causes not entirely controllable by the Contractor (such as replacement material and equipments are not generally available due to general shortage in the market for such materials and equipment), then the Purchaser shall grant a reasonable extension of time to remedy defects to the Contractor
Delay in Remedying Defects. If any defect is not remedied by Contractor within a reasonable time or requires prompt remediation as a result of an emergency situation existing at the Project or Site, Company may proceed to do the Work at Contractor’s risk and expense provided that it does so in a reasonable manner and notifies Contractor of Company’s intention so to do. All Costs (excluding, in the case of Costs comprised of Company’s internal Costs, any xxxx-up for allocated overhead (including general and administrative expenses) in excess of five percent (5%)) incurred by Company shall be deducted from the Contract Price or be paid by Contractor to Company.
Delay in Remedying Defects. If any such Defect or damage is not remedied by Developer within a reasonable time or requires prompt remediation as a result of an emergency situation existing at the Site, then PacifiCorp may proceed to do the Work or have others perform such Work at Developer’s risk and expense provided that it does so in a reasonable manner and notifies Developer of PacifiCorp’s intention so to do. Developer reserves the right to investigate and determine the eligibility for such Work to classify as part of a warranty claim. All costs incurred by or on behalf of PacifiCorp in connection with such Work shall be deducted from the Contract Price or be paid by Developer to PacifiCorp within thirty (30) days.
Delay in Remedying Defects. If any such Defect or damage is not remedied by Contractor within a reasonable time or requires prompt remediation as a result of an emergency situation existing at the Site, Company may proceed to do the Work at Contractor’s risk and expense provided that it does so in a reasonable manner and notifies Contractor of Company’s intention so to do. All Costs incurred by Company shall be deducted from the Contract Price or be paid by Contractor to Company.

Related to Delay in Remedying Defects

  • REMEDY OF DEFECTS (a) The BUILDER shall remedy, at its expense, any Defect against which the VESSEL is guaranteed under this Article, by making all necessary repairs or replacements at the Shipyard.

  • Effect of Failure or Delay in Requesting Compensation Failure or delay on the part of any Lender or the Issuing Bank to demand compensation pursuant to this Section 5.01 shall not constitute a waiver of such Lender’s or the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or the Issuing Bank pursuant to this Section 5.01 for any increased costs or reductions incurred more than 180 days prior to the date that such Lender or the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions and of such Lender’s or the Issuing Bank’s intention to claim compensation therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof.

  • Default Breach Remedies Notwithstanding anything to the contrary contained in Paragraph 13.1 or elsewhere in the Lease:

  • Defaults Remedies (a) It shall be an Event of Default:

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

  • Waiver; Deficiency Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.

  • Landlord’s Remedies If an Event of Tenant’s Default occurs, Landlord shall have the following remedies, in addition to all other rights and remedies provided by any Law or otherwise provided in this Lease, to which Landlord may resort cumulatively or in the alternative:

  • Default; Breach A “Default” is defined as a failure by the Lessee to comply with or perform any of the terms, covenants, conditions or Rules and Regulations under this Lease. A “Breach” is defined as the occurrence of one or more of the following Defaults, and the failure of Lessee to cure such Default within any applicable grace period:

  • Seller’s Remedies If Purchaser fails to perform its obligations pursuant to this Contract at or prior to Closing for any reason except failure by Seller to perform hereunder, or if prior to Closing any one or more of Purchaser's representations or warranties are breached in any material respect, and this failure or breach is not cured within three (3) Business Days after written notice from Seller to Purchaser (other than failure to close for any reason unrelated to a default by Seller, for which there shall be no notice or cure period), then Seller, as its SOLE and EXCLUSIVE remedy (except as provided in Sections 6(c) and 9), may (i) terminate this Contract and receive the Xxxxxxx Money as liquidated damages and not as penalty, in full satisfaction of claims against Purchaser hereunder, or (ii) waive Purchaser’s failure or breach and proceed to Closing. Seller and Purchaser agree that Seller's damages resulting from Purchaser's default are difficult, if not impossible, to determine, and the Xxxxxxx Money is a fair estimate of those damages and has been agreed to in an effort to cause the amount of damages to be certain. Notwithstanding anything in this Section 11(a) to the contrary, in the event of Purchaser's default or termination of this Contract, Seller shall have all remedies available at law or in equity if Purchaser or any party related to or affiliated with Purchaser is asserting any claims or right to the Property that would otherwise delay or prevent Seller from having clear, indefeasible and marketable title to the Property other than as a result of Purchaser’s exercise of its remedies under subsection (b) hereof. If Closing is consummated, then Seller shall have all remedies available at law or in equity if Purchaser fails to perform any post-closing obligation of Purchaser under this Contract.

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