Failure to Cure Nonconformity Sample Clauses

Failure to Cure Nonconformity. If Synacor has not delivered a Major Deliverable demonstrating no Nonconformities by the applicable due date, then subject to Sections 13.5 and 21.17, AT&T may, at its option, do any one or more of the following: (i) [*] (ii) [*] (iii) [*]. [*]
Sample 1
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Failure to Cure Nonconformity. If Provider has not delivered or re-performed a Deliverable conforming to the relevant Acceptance Criteria and demonstrating no Nonconformities in the period of time allotted under the Agreement, Supplement or as otherwise agreed by the Parties, then [*****] may, at its option, do any one or more of the following: 4.1 Extend the period of time for Provider to correct the Nonconformities and satisfy the Acceptance Criteria in connection with the Deliverable; 4.2 Conditionally accept such Deliverable or performance of such Deliverable, as applicable, upon the condition that Provider corrects the Nonconformities and satisfy the Acceptance Criteria in accordance with a remediation plan approved in writing by [*****]. F-1 [*****] Master IT Services and Products Agreement (a) Pay Provider an equitable portion of the Charges allocated to the Deliverable or performance of the Deliverable that reflects the extent to which such Deliverable or performance conforms to its Acceptance Criteria, and (b) without limiting [*****] other rights and remedies (including [*****] right to seek damages, exercise step-in rights and/or terminate this Agreement), directly or by use of a third-party contractor make the necessary corrections. Provider will, at no additional charge to [*****] provide all necessary cooperation and assistance in connection with [*****] or any third party contractor engaged by [*****] in making such corrections to or re-performing the Deliverable; 4.4 (a) Accept the Deliverable or performance of the Deliverable in its Nonconforming condition, (b) reduce Provider’s charges allocated to the Deliverable by an amount that will equitably reflect the reduced value of the Deliverable, or as otherwise agreed upon by the Parties, and (c) provide Provider notice of such reduction in the charges for the Nonconforming Deliverable; (a) Terminate the relevant Supplement (and any other related Supplements as determined by [*****] in its sole discretion), in whole or in part, as of a date specified in a written notice of termination and (b) pay Provider (i) for any Deliverable, or any part thereof on a pro rata basis, to the extent that [*****] uses such Deliverable or part thereof in its production environment, and (ii) for any Services, the payment for which is expressly associated with other than a Deliverable, or any part thereof on a pro rata basis, to the extent that [*****] has received such Service for use in its production environment; or (a) Terminate the relev...
Sample 1

Related to Failure to Cure Nonconformity

  • Failure to Cure If DSHS learns of a pattern or practice of the Business Associate that constitutes a violation of the Business Associate’s obligations under the terms of this Contract and reasonable steps by DSHS do not end the violation, DSHS shall terminate this Contract, if feasible. In addition, If Business Associate learns of a pattern or practice of its Subcontractors that constitutes a violation of the Business Associate’s obligations under the terms of their contract and reasonable steps by the Business Associate do not end the violation, Business Associate shall terminate the Subcontract, if feasible.

  • Nonconforming Work 5.6.1 Rejection, Removal and Replacement of Nonconforming Work

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • No Failure to Cure Default The Seller has not received a written notice of default of any senior mortgage loan related to the Mortgaged Property which has not been cured;

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

  • Borrower’s Failure to Notify Any outstanding Borrowing of Domestic Rate Loans shall, subject to Section 6.2 hereof, automatically be continued for an additional Interest Period on the last day of its then current Interest Period unless the Borrower has notified the Administrative Agent within the period required by Section 1.6(a) hereof that it intends to convert such Borrowing into a Borrowing of Eurocurrency Loans or notifies the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing. If the Borrower fails to give notice pursuant to Section 1.6(a) hereof of the continuation or conversion of any outstanding principal amount of a Borrowing of Eurocurrency Loans denominated in U.S. Dollars before the last day of its then current Interest Period within the period required by Section 1.6(a) hereof and has not notified the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing, such Borrowing shall automatically be converted into a Borrowing of Domestic Rate Loans, subject to Section 6.2 hereof. If the Borrower fails to give notice pursuant to Section 1.6(a) above of the continuation of any outstanding principal amount of a Borrowing of Eurocurrency Loans denominated in an Alternative Currency before the last day of its then current Interest Period within the period required by Section 1.6(a) hereof and has not notified the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing, such Borrowing shall automatically be continued as a Borrowing of Eurocurrency Loans in the same Alternative Currency with an Interest Period of one month, subject to Section 6.2 hereof, including the application of Section 1.4 hereof and of the restrictions contained in the definition of Interest Period.

  • Inspection and Rejection of Nonconforming Goods The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

  • 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. 35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineer’s notice.

  • Failure to Complete If Artist becomes ill, dies, or is otherwise unable or unwilling to complete the Project in accordance with the Agreement, any work already done on the Project will be the City’s property. The City will be entitled to withhold any sums not yet paid to Artist, and may use any such sums toward completion of the Project in any manner the City deems appropriate.

  • Epidemic Failure Warranty Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.

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