Failure to Rectify Sample Clauses

Failure to Rectify. If the Supplier does not rectify the Defect in accordance with cl 9.1, then Amplitel may, itself or through a third party, rectify such Defect and the Supplier must reimburse the reasonable costs of such rectification on request by Amplitel.
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Failure to Rectify. Where the Consultant is given notice under Clause 60.1(a) or Clause 60.1(d) and fails to perform the Rectification Work or the Defective Rectification Work (as the case may be), the Client may have the Rectification Work or Defective Rectification Work carried out by others and the Client’s costs incurred under this Clause 60.3 shall be a debt due and payable by the Consultant to the Client.
Failure to Rectify. If the Service Provider:
Failure to Rectify. If within fourteen (14) days after notice under Clause 16.1 is given the Engineer fails to provide adequate assurance that the default will be rectified and the Services satisfactorily proceeded with and completed, or to show just cause why the Principal should not exercise its power contained in this clause, then the Principal (without prejudice to any other rights that it may have under this Contract or otherwise) may exercise all or any of the following powers:
Failure to Rectify. If the Supplier is unable or unwilling to rectify a Defect in a Services Deliverable in accordance with the timeframes in clause 13.2 of these Services Terms, and has been given the opportunity to do so, the Customer may by Notice in Writing inform the Supplier of its intention to use a third party correct the Defect in the Services Deliverable. In which case: the Supplier’s obligations under clause 13.2 of these Services Terms are not affected by the use of the third party, but the Supplier is not liable for any loss, damage or expense incurred or suffered by the Customer that is caused by the third party, including damage or any act or omission that causes the need for subsequent repair; the Supplier must provide the third party whatever assistance that may reasonably require to rectify the Defect; and the Supplier is liable to pay all costs reasonably incurred by the Customer under this sub-clause, subject to the limitations on liability in this Supply Contract.
Failure to Rectify. If in the case of a Service Provider Default within limbs (a), (h), (l), (q) or (r) of the definition of that term:
Failure to Rectify. If the Supplier does not rectify the Defect in accordance with cl 9.1, then Telstra may, itself or through a third party, rectify such Defect and the Supplier must reimburse the reasonable costs of such rectification on request by Telstra.
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Related to Failure to Rectify

  • Failure to Respond If you fail to respond by the date given above, your application will be refused under Section 3A(4)(a) of the Registered Designs Act 1949.

  • Failure to Comply 8.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer thirty (30) days written notice of the failure or default, then in each such case:

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Failure to Defend If the Indemnifying Party, within a reasonable time after notice of any such Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

  • Failure to Deliver Applicable

  • Failure to Agree If the Contractor claims entitlement to a change in the Contract, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the Contract, as it determines are appropriate pursuant to the Contract. The Contractor shall proceed with the Work and the Department's directives, without interruption or delay, and shall make a claim as provided in Article 12. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

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