Common use of Failure to Re-Perform Clause in Contracts

Failure to Re-Perform. If Contractor fails to re-perform the Defective Service in accordance with Section 7.2 (“Re-Performance of Defective Services”), the Court may either (i) withhold all amounts payable to Contractor pursuant to Appendix B, section 1 (“General”) until Contractor successfully re-performs the Defective Service to the Court’s satisfaction, or (ii) hire a third party to perform the Defective Service and deduct the amount paid to the third party from any amount payable to Contractor.

Failure to Re-Perform. If Contractor fails to re-perform the Defective Service in accordance with Section 7.2 (“Re-Performance of Defective Services”), the Court may either (i) hire a third party to perform the Defective Service and deduct the amount paid to the third party from any amount payable to Contractor. The Court may withhold all amounts payable to Contractor pursuant to Appendix B, section 1 (“General”) until Contractor successfully re-performs the Defective Service to the Court’s satisfaction, or (ii) hire a third party to perform the Defective Service and deduct the amount paid to the third party from any amount payable to Contractorhired by the Court has completed the Defective Services.