Duty to Correct. During the one year period of the warranty and guaranty, any defects of material or workmanship that become apparent shall be the responsibility of the Contractor until and unless the Contractor can show abuse or design defect. The Contractor shall immediately correct all defects that become known during the one year period at no cost to the Owner unless notice is given to the Design Professional, Owner and Using Agency, prior to correcting the defect that the cause of the defect is the result of abuse or design deficiency.
Duty to Correct. Neither (1) the Design Professional's Certificate of Material Completion, (2) nor any decision of the Design Professional, (3) nor payment, (4) nor any provision in the Contract shall relieve the Contractor of responsibility for faulty materials, faulty workmanship, or omission of contract work, and he shall remedy any defects or supply any omissions resulting therefrom and pay for any damage to other work resulting therefrom.
Duty to Correct. During the one year period of the warranty and guarantee any defects of material or workmanship that become apparent shall be the responsibility of the Contractor until and unless the Contractor can show abuse or design defect. The Contractor shall immediately correct all defects that become known during the one year period at no cost to the Owner unless notice is given to the Design Professional and Owner, prior to correcting the defect that the cause of the defect is the result of abuse or design deficiency.
Duty to Correct. In light of the above stated Design-Builder’s warranty and guarantee, during the one year period of the warranty and guarantee any defects of material or workmanship that become apparent shall be the responsibility of the Design-Builder until and unless the Design-Builder can show abuse or design defect. The Design-Builder shall immediately correct all defects that become known during the one year period at no cost to the Owner unless notice is given to the Program Manager, Owner and Using Agency, prior to correcting the defect that the cause of the defect is the result of abuse or design deficiency.
Duty to Correct. (a) Without limiting the obligations of Contractor or the rights of Customer under this Agreement, prior to Launch of the Satellite, Contractor shall, at its expense, promptly correct any Defect related to any Contract Deliverable or component thereof that Contractor or Customer discovers during the course of the Work, and notwithstanding that a payment may have been made in respect thereof, and regardless of prior reviews, inspections, approvals, or acceptances (with the exception of waivers and deviations previously agreed-upon). This provision is subject to the right of Contractor to have any items containing a Defect returned at Contractor’s expense to Contractor’s facility for Contractor to verify and correct the Defect.
(b) Following Launch of the Satellite, Contractor duty to correct any Defect in the Contract Deliverables or components thereof is solely limited to using reasonable efforts to correct any Defect in the Satellite to the extent that such Defect may be corrected by transmitting Satellite commands and/or transmitting modifications in the Satellite Flight Software in order to mitigate or eliminate the operational effects of the Defect. Contractor shall coordinate and consult with Customer concerning said resolution of Defects in the Satellite.
(c) Contractor shall fulfill the foregoing obligations at its own cost and expense, including all costs arising from charges for packaging, shipping, insurance, taxes, and other matters associated with the corrective measures, unless it is reasonably determined after investigation that Customer directly caused the Defect in question, in which case Customer shall pay all such costs.
(d) If Contractor fails to correct any material Defect with respect to the unlaunched Satellite or with respect to any other Contract Deliverable within a reasonable time after notification from Customer and after the Parties have followed the provisions of Article 11.1 above, then, with the prior written consent of Contractor (said consent not to be unreasonably withheld), Customer may, by separate contract or otherwise, correct or replace such items or services and Contractor shall pay to Customer the reasonable cost of such correction or replacement., In the event of any dispute regarding the above, Article
Duty to Correct. Contractor shall promptly correct work rejected by the City as failing to conform to the requirements of the Contract. The Contractor shall bear the cost of correcting such rejected work. If the Contractor fails to correct nonconforming work within a reasonable time, the City may correct it and Contractor shall reimburse the City for the cost of the correction.
Duty to Correct. Contributors must take prompt action to correct instances in which these Standards are not adhered to, as advised by Blizzard.
Duty to Correct. If we make an error, upon written notice of the error, we will, to the extent reasonably possible, correct the errors promptly. Thus, it is your responsibility to notify us promptly of any such error.
Duty to Correct. (a) Contractor shall cure any breach of warranty after receipt of Notice of Defect thereof from Owner, provided that payment has been made in respect thereof, and regardless of prior reviews, inspections, approvals or acceptances and regardless of whether Contractor disputes Owner's assertion of a breach of warranty.
(b) Contractor shall fulfill the foregoing obligations at its own expense, including, with respect to Site Construction, all costs arising from charges for de-installation, removal, installation, repair, packaging, shipping, insurance, taxes and other matters associated with the corrective measure.
(c) If Contractor fails to cure any breach of warranty after two (2) attempts at correction, such attempts not to exceed thirty (30) Calendar Days, after receipt of a Notice of Defect from Owner, Owner may, by separate contract or otherwise, make the necessary cure and Contractor shall pay to Owner the reasonable costs of such cure.
(d) If, after corrective measures have been taken, Contractor continues to dispute Owner's assertion of a breach of warranty, Owner and Contractor shall enter into dispute resolution pursuant to Article 22 (Dispute Resolution). If it is determined by written agreement of the Parties or pursuant to Article 22 (Dispute Resolution) that a breach of warranty did not exist, Owner shall be liable to Contractor for the incremental costs incurred by Contractor as a result of any cure measures performed by Contractor, such costs to be reimbursed in accordance with the Default Pricing for Contractor services set forth in Exhibit C (Contract Pricing, Payments and Milestone Achievement Criteria).
(e) For the avoidance of doubt, if correction of any breach of warranty causes a delay in the Acceptance of any City Network, the provisions of Article 7.2 (Liquidated Damages) shall apply.
Duty to Correct. In light of the above stated CM/GC’s warranty and guarantee, during the one year period of the warranty and guarantee any defects of material or workmanship that become apparent shall be the responsibility of the CM/GC until and unless the CM/GC can show abuse or design defect. The CM/GC shall immediately correct all defects that become known during the one year period at no cost to the Owner unless notice is given to the Design Professional, Owner and Using Agency, prior to correcting the defect that the cause of the defect is the result of abuse or design deficiency.
