Failure of subsequent performance Sample Clauses

Failure of subsequent performance. Should subsequent performance fail within a reasonable period, Customer shall grant OT a reasonable period for subsequent performance, unless Customer cannot reasonably be expected to tolerate such a grace period or OT refuses to render subsequent performance. Following expiry of such grace period, Customer must declare within a reasonable period whether it requires additional services or asserts the claims set forth below. Customer may, at its choice, either rescind the SOW or Proposal or reduce the compensation. Customer may not rescind the Agreement if the defect in the Work Product is insignificant. In the event of rescission, OT may demand reasonable compensation for use based on the benefits derived from the Work Product by Customer. Such compensation shall be calculated on the basis of a four-year total period of use of the Work Product, less a reasonable reduction in accordance with the degree to which use of the Work Product was restricted as a result of the defect. In addition to rescission or reduction of the compensation, Customer may demand compensatory damages instead of performance or reimbursement of fruitless expenses should fault be attributable to OT.
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Failure of subsequent performance. Should subsequent performance fail within a reasonable period, Customer shall grant OT a reasonable period for subsequent performance, unless Customer cannot reasonably be expected to tolerate such a grace period or OT refuses to render subsequent performance. Following expiry of such grace period, Customer must declare within a reasonable period whether it requires additional services or asserts the claims set forth below. Customer may, at its choice, either rescind the SOW or Proposal or reduce the compensation. Customer may not rescind the Agreement if the defect in the Work Product is insignificant. In the event of rescission, OT may demand reasonable compensation for use based on the benefits derived from the Work Product by Customer. Such compensation shall be calculated on the basis of a four- year total period of use of the Work Product, less a reasonable reduction in accordance with the degree to which use of the Work Product was restricted as a result of the defect. In addition to rescission or reduction of the compensation, Customer may demand compensatory damages instead of performance or reimbursement of fruitless expenses should fault be attributable to OT. 3.6 Непредоставление послепродажного обслуживания. В случае если послепродажное обслуживание не предоставлено в разумные сроки, Заказчик обязуется предоставить компании «ОТ» срок, достаточный для выполнения послепродажного обслуживания, кроме тех случаев, когда Заказчик по обоснованным причинам не может допустить такой период отсрочки, или компания «ОТ» отказывается предоставить послепродажное обслуживание. По истечении такого периода отсрочки Заказчик обязуется в разумные сроки сообщить, нуждается ли он в дополнительных услугах или заявляет нижеупомянутые претензии. Заказчик может, на свое усмотрение, либо расторгнуть РОУ или Предложение, либо уменьшить размер компенсации. Заказчик не имеет права расторгнуть Соглашение, если дефект, обнаруженный в Рабочем продукте, является незначительным. В случае аннулирования компания «ОТ» имеет право потребовать достаточной компенсации за использование, исходя из преимуществ, полученных Заказчиком от Рабочего продукта. Сумму такой компенсации следует рассчитывать исходя из общего четырехлетнего срока использования Рабочего продукта, минус обоснованная скидка в соответствии со степенью ограничения использования Рабочего продукта в результате наличия дефекта. Помимо аннулирования или уменьшения размера компенсации Заказчик может потребовать возмещения в...
Sample 1

Related to Failure of subsequent performance

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • Failure of Performance (Art. 44) §1The contractor is considered to be in failure of performance under the public contract: 1° when performance is not carried out in accordance with the conditions specified in the procurement documents; 2° at any time, when performance has not progressed in such a way that it can be fully completed on the due dates; 3° when he does not observe written orders, which have been given in due form by the contracting authority.

  • Excuse from Performance The Parties shall be excused from performing their respective obligations hereunder if they are prevented from so performing by reason of floods, earthquakes, other acts of nature, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Contractor's employees or directed at Contractor is not an excuse from performance and Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. The Party claiming excuse from performance shall, within two (2) Business Days after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of Contractor's services caused by one or more of the events described in this Section shall not constitute a default by Contractor under this Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days or more, the SCWMA shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar days notice to Contractor unless Contractor has demonstrated, by the thirtieth (30th) calendar day, to the satisfaction of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by Contractor.

  • OUTCOME IF GRANTEE CANNOT COMPLETE REQUIRED PERFORMANCE Unless otherwise specified in this Statement of Work, if Grantee cannot complete or otherwise comply with a requirement included in this Statement of Work, HHSC, at its sole discretion, may impose remedies or sanctions outlined under Contract Attachment C, Local Mental Health Authority Special Conditions, Section 7.09 (Remedies and Sanctions).

  • Contract Performance C19.1 The Contractor shall ensure that:

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

  • Monitoring of Contract Performance The Contractor shall comply with the monitoring arrangements set out in the Monitoring Schedule including, but not limited to, providing such data and information as the Contractor may be required to produce under the Contract.

  • Nonperformance As used in this Contract, “failure to perform” means failure, for whatever reason, to deliver goods and/or perform work as specified and scheduled in this Contract. If Contractor fails to perform under this Contract, then District, after giving seven days’ written notice and opportunity to cure to Contractor, has the right to complete the work itself, to obtain the contracted goods and/or services from other contractors, or a combination thereof, as necessary to complete the work. Both parties agree that Contractor shall bear any reasonable cost difference, as measured against any unpaid balance due Contractor, for these substitute goods or services.

  • Continuing Performance Each party is required to continue to perform its obligations under this contract pending final resolution of any dispute arising out of or relating to this contract, unless to do so would be impossible or impracticable under the circumstances.

  • POOR PERFORMANCE Authorized Users should notify NYSPro Customer Services promptly if the Contractor fails to meet the requirements of the contracts resulting from this solicitation. Performance which does not comply with requirements or is otherwise unsatisfactory to the Authorized User should also be reported to Customer Services: Office of General Services Tel: 000-000-0000 New York State Procurement Fax: 000-000-0000 Customer Services Email: xxxxxxxx.xxxxxxxx@xxx.xx.xxx 00xx Xxxxx Xxxxxxx Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000

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