Failure to Rectify Minor Deficiencies Sample Clauses

Failure to Rectify Minor Deficiencies. (a) If Project Co has failed to complete and rectify any Minor Deficiency specified in the Minor Deficiencies List: (i) within 75 days of the issuance of the Minor Deficiencies List for all Minor Deficiencies where no time for rectification or completion has been specified by the Independent Certifier, or (ii) within 30 days after the time for completion and rectification of any Minor Deficiency where such a time has been specified in the Minor Deficiencies List by the Independent Certifier, the CTC may engage others to perform the work necessary to complete and rectify any such Minor Deficiencies, at the risk and cost of Project Co, and the CTC may deduct such cost from Completion Holdback and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, the CTC shall release to Project Co the amount of the Completion Holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, the CTC shall release to Project Co the then remaining amount of Completion Holdback, together with all interest accrued thereon. Where the CTC exercises its rights pursuant to Section 24.10(a), if the
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Failure to Rectify Minor Deficiencies. (a) If Project Co has failed to complete and rectify any Minor Deficiency specified in any Minor Deficiencies List: (i) within 60 days of the issuance of the applicable Minor Deficiencies List for the related Minor Deficiencies where no time for rectification or completion has been specified by the Independent Certifier, or (ii) within 30 days after the time for completion and rectification of any Minor Deficiency where such a time has been specified in applicable Minor Deficiencies List by the Independent Certifier, Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 111 CAN: 26350049.2 BD-#30398459-v2 the City may: (iii) withhold from the next payment or payments otherwise due to Project Co a holdback amount that is 200% of the amount estimated by the Independent Certifier for the City to complete and rectify all such Minor Deficiencies (to the extent then outstanding), which holdback shall be held in an interest bearing account; and (iv) engage others to perform the work necessary to complete and rectify any such Minor Deficiency, at the risk and cost of Project Co, and the City may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, the City shall release to Project Co the amount of the holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, the City shall release to Project Co the then remaining amount of the holdback, together with all interest accrued thereon. If the cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse the City for all such excess cost.
Sample 1See All (8)
Failure to Rectify Minor Deficiencies. ‌ (a) If Project Co has failed to complete and rectify any Minor Deficiency specified in the Minor Deficiencies List: (i) within 75 days of the issuance of the Minor Deficiencies List for all Minor Deficiencies where no time for rectification or completion has been specified by the Independent Certifier, or (ii) within 30 days after the time for completion and rectification of any Minor Deficiency where such a time has been specified in the Minor Deficiencies List by the Independent Certifier, the College may engage others to perform the work necessary to complete and rectify any such Minor Deficiencies, at the risk and cost of Project Co, and the College may deduct such cost from Completion Holdback and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, the College shall release to Project Co the amount of the Completion Holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, the College shall release to Project Co the then remaining amount of Completion Holdback, together with all interest accrued thereon. Where the College exercises its rights pursuant to Section 24.10(a), if the cost of such completion and rectification exceeds the amount of Completion Holdback and interest, then Project Co shall reimburse the College for all such excess cost.
Sample 1
Failure to Rectify Minor Deficiencies. (a) If Project Co has failed to complete and rectify any Minor Deficiency specified in the Minor Deficiencies List: (i) within 75 days of the issuance of the Minor Deficiencies List for all Minor Deficiencies where no time for rectification or completion has been specified by the Independent Certifier, or (ii) within 30 days after the time for completion and rectification of any Minor Deficiency where such a time has been specified in the Minor Deficiencies List by the Independent Certifier, SJHC may: (iii) withhold from the next payment or payments otherwise due to Project Co a holdback amount that is [REDACTED]% of the amount estimated by the Independent Certifier for SJHC to complete and rectify all such Minor Deficiencies (to the extent then outstanding), which holdback shall be held in an interest bearing account; and (iv) engage others to perform the work necessary to complete and rectify any such Minor Deficiencies, at the risk and cost of Project Co, and SJHC may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, SJHC shall release to Project Co the amount of the holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, SJHC shall release to Project Co the then remaining amount of the holdback, together with all interest accrued thereon. Where SJHC exercises its rights pursuant to Section 24.10(a)(iv), if the cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse SJHC for all such excess cost.
Sample 1

Related to Failure to Rectify Minor Deficiencies

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.

  • Waiver; Deficiency Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.

  • 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.

  • Cost of remedying Defects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to: (a) the design of the Project; (b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications and Standards; (c) improper maintenance during construction of the Project Highway by the Contractor; and/ or (d) failure by the Contractor to comply with any other obligation under this Agreement.

  • 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.

  • Failure to Return from Leave Any employee who has been granted a leave and who, for any reason, fails to return to work at the expiration of said leave shall be considered as having resigned his/her position with the County, and the position shall thereupon be declared vacated, unless the employee is on leave status protected under state/federal laws or he/she has furnished evidence that he/she was unable to return to work by reason of sickness, physical disability, or other legitimate reason beyond his/her control.

  • Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.

  • Failure to Remedy If the Funder has provided the HSP with an opportunity to remedy the breach, and: the HSP does not remedy the breach within the time period specified in the Notice; it becomes apparent to the Funder that the HSP cannot completely remedy the breach within the time specified in the Notice or such further period of time as the Funder considers reasonable; or the HSP is not proceeding to remedy the breach in a way that is satisfactory to the Funder, then the Funder may immediately terminate this Agreement by giving Notice of termination to the HSP.

  • No Conflict, Breach, Violation or Default The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Securities will not conflict with or result in a breach or violation of any of the terms and provisions of, or constitute a default under (i) the Company’s Articles of Incorporation or the Company’s Bylaws, both as in effect on the date hereof (true and complete copies of which have been made available to the Investor through the XXXXX system), or (ii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Subsidiary or any of their respective assets or properties, or (b) any agreement or instrument to which the Company or any Subsidiary is a party or by which the Company or a Subsidiary is bound or to which any of their respective assets or properties is subject.

  • 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.

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