Failure to Rectify Punch List Items Sample Clauses

Failure to Rectify Punch List Items. In the event that the Developer fails to complete and rectify the Punch List Items specified in the Punch List within the time period specified pursuant to subsection (D) of this Section: (1) the City may withhold from the Service Fee a holdback amount that is 150% of the amount estimated by the City Representative for the City to complete and rectify Punch List Items (to the extent then outstanding); and (2) the City may engage others to perform the work necessary to complete and rectify the Punch List Items, at the risk and cost of the Developer, and the City may deduct such cost from the holdback amount set forth in Section 9.3(E)(1).
Sample 1
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Failure to Rectify Punch List Items. In the event that Developer fails to complete and rectify the Punch List Items specified in the Punch List for a School within the time period specified pursuant to Section 10.4.4 (Rectification of Punch List Items) and upon not less than three (3) Business Days prior written notice from PGCPS: (a) PGCPS may withhold from the Availability Payment a holdback amount that is two hundred percent (200%) of the amount estimated by the Independent Engineer for PGCPS to complete and rectify Punch List Items (to the extent then outstanding); and (b) PGCPS may engage others to perform the work necessary to complete and rectify the Punch List Items, at the risk and cost of Developer, and PGCPS may deduct such cost from the holdback amount set forth in subsection (a) of this Section 10.4.5 (Failure to Rectify Punch List Items). Upon completion and rectification of all of the Punch List Items for a School pursuant to this Section 10.4.5 (Failure to Rectify Punch List Items), PGCPS shall release to Developer the then remaining amount of the holdback related to the School. If the cost of such completion and rectification exceeds the amount of such holdback, then Developer shall reimburse PGCPS for all such excess cost. During the time period specified pursuant to Section 10.4.4 (Rectification of Punch List Items), Developer shall not incur any Deductions on account of any uncompleted or unrectified Punch List Items.
Sample 1
Failure to Rectify Punch List Items. In the event that the Developer fails to complete and rectify the Punch List Items specified in the Punch List within the time period specified pursuant to subsection (D) of this Section: (1) the County may withhold from the Service Fee a holdback amount that is 200% of the amount estimated by the County Representative for the County to complete and rectify Punch List Items (to the extent then outstanding); and (2) the County may engage others to perform the work necessary to complete and rectify the Punch List Items, at the risk and cost of the Developer, and the County may deduct such cost from the holdback amount set forth in subsection (E)(1) of this Section. Upon completion and rectification of all of the Punch List Items pursuant to this subsection, the County shall release to the Developer the then remaining amount of the holdback. If the cost of such completion and rectification exceeds the amount of such holdback, then the Developer shall reimburse the County for all such excess cost.
Sample 1

Related to Failure to Rectify Punch List Items

  • 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 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.

  • 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 Report No compensation shall be granted for the total period of standby if the employee is unable to report for duty when required.

  • 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.

  • 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.

  • ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3.1 The State may accept defective or nonconforming Work pursuant to Paragraph 13.2.1

  • 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 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.

  • Correction of Errors Contractor shall perform, at its own cost and expense and without reimbursement from the District, any work necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care required herein.

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