Failure to Remedy Defects. If the Contractor fails to comply with any of its obligations under Clause 11.A2 or 11.1 (the "Remedial Work") within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the Remedial Work is to be performed. The Contractor shall be given reasonable notice of this date. If the Contractor fails to perform the Remedial Work by this notified date and such Remedial Work was to be executed at the cost of the Contractor under Sub-Clause 11.2 [Cost of Remedying Defects], the Employer may (at his option):
(a) carry out the work himself or by others, in a reasonable manner and at the Contractor's cost, but the Contractor shall have no responsibility for this work; and the Contractor shall subject to Sub-Clause 2.5 [Employer's Claims] pay to the Employer the costs reasonably incurred by the Employer in remedying the defect or damage;
(b) require the Engineer to agree or determine a reasonable reduction in the Contract Price in accordance with Sub-Clause 3.5 [Determinations]; or
(c) if the defect or damage deprives the Employer of substantially the whole benefit of the Works or any major part of the Works, terminate the Contract. Without prejudice to any other rights, under the Contract or otherwise, the Employer shall then be entitled to recover all sums paid for the Works, plus financing costs and the cost of dismantling the same, clearing the Site and returning Plant and Materials to the Contractor.
Failure to Remedy Defects. If TOMRA fails to remedy or replace the affected Goods pursuant to Clause 7.3 within a reasonable time, a reasonable date may be fixed by the Purchaser, on or by which the Goods are to be remedied or replaced. If TOMRA fails to remedy, re-perform or replace the affected Goods by this notified date, the Purchaser may reject the affected Goods and TOMRA shall repay to the Purchaser any amounts paid hereunder in respect of such Goods or may remedy the Goods itself in which case TOMRA shall pay to the Purchaser all reasonable direct costs incurred by the Purchaser in remedying the Goods– subject to the limitations of liability defined under Clause 11.
Failure to Remedy Defects. If the Contractor fails to comply with any of its obligations under sub-clause 11.A2 or 11.1 (the "Remedial Work") within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the Remedial Work is to be performed. The Contractor shall be given reasonable notice of this date. If the Contractor fails to perform the Remedial Work by this notified date and such Remedial Work was to be executed at the cost of the Contractor under sub-clause 11.2 [Cost of Remedying Defects], the Employer may (at his option):
(a) carry out the work himself or by others, in a reasonable manner and at the Contractor's cost, but the Contractor shall have no responsibility for this work; and the Contractor shall subject to sub-clause 2.5 [Employer's Claims] pay to the Employer the costs reasonably incurred by the Employer in remedying the defect or damage;
(b) require the Engineer to agree or determine a reasonable reduction in the Contract Price in accordance with sub-clause 3.5 [Determinations]; or
Failure to Remedy Defects. In the event of inability or failure by the Contractor to remedy the Defect within the Cure Period, the Company shall be entitled, at the sole and exclusive discretion of the Company, to do any of the following:
(a) allow the Contractor an additional time period for remedying the Defect, such time period to be determined in the sole discretion of the Company,
(b) remedy the Defect at own cost of the Company (including by means of relying on the services of a third Person) and demand reimbursement by the Contractor of costs incurred by the Company as a result of having to pay other Person toward carrying out any work or action,
(c) terminate the Agreement according to Section 11.
Failure to Remedy Defects a. If the Concessionaire fails to remedy any defect or damage within a reasonable time, the Authority may fix a date on or by which to remedy the defect or damage, and give the Concessionaire reasonable notice of such date. If the Concessionaire fails to remedy the defect or damage by such date, the Authority may (at its sole discretion):‐
i) Carry out the work itself or by others, in a reasonable manner and at the Concessionaire's cost, but the Concessionaire shall have no responsibility for such work. All costs incurred by the Authority hereunder shall be reimbursed by the Concessionaire to the Authority within 60 (sixty) days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Authority shall be entitled to recover the same from the Escrow Account including recovery from the Performance Guarantees; or
ii) If the defect or damage is such that the Authority has been deprived of substantially the whole of the benefit of the Works, it may terminate this Concession Agreement but without relieving the Concessionaire of liability for breach of this Concession Agreement.
Failure to Remedy Defects. If the Contractor fails to remedy any damage within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the damage is to be remedied. The Contractor shall be given reasonable notice of this date. If the Contractor fails to remedy the damage by this notified date and this remedial work was to be executed at the cost of the Contractor, following shall be undertaken by the Employer / Engineer:
a) carry out the work himself or by others, in a reasonable manner and at the Contractor's cost, but the Contractor shall have no responsibility for this work; and the Contractor shall pay to the Employer the costs reasonably incurred by the Employer in remedying the damage;
Failure to Remedy Defects. Without prejudice to the Purchaser's other rights under the Agreement, if TOMRA fails to remedy or replace the affected Goods or Services pursuant to Clause 7.3 within a reasonable time, a reasonable date may be fixed by the Purchaser, on or by which the Goods or Services are to be remedied or replaced. If XXXXX fails to remedy, re-perform or replace the affected Goods or Services by this notified date, the Purchaser may reject the affected Goods or Services and TOMRA shall repay to the Purchaser any amounts paid hereunder in respect of such Goods or Services or may remedy the Goods or re-perform the Services itself in which case TOMRA shall pay to the Purchaser all costs and losses incurred by the Purchaser in remedying the Goods or Services – subject to the limitations of liability defined under Clause 11.
Failure to Remedy Defects. (a) If Contractor fails to remedy any defect and directly resulting damage as soon as reasonably practicable, Owner may give written notice to Contractor requiring Contractor to remedy the defect or damage within a specified reasonable time.
(b) If Contractor fails to remedy the defect and directly resulting damage by this notified date, the failure shall constitute a fundamental breach of Contractor's obligations under this EPC Contract and Owner may:
(i) carry out the work itself or by others and the Contractor shall pay to the Owner the costs reasonably incurred by the Owner in remedying the defect or damage, or
(ii) if the defect and directly resulting damage deprives the Owner of substantially the whole benefit of the Works or any major part of the Works, exercise the Owner's rights under ARTICLE 21 (Termination).
(c) In connection with the warranty provisions set forth in this ARTICLE 11 (Warranties), the parties shall comply with the provisions of SCHEDULE F (Warranty Procedures).
Failure to Remedy Defects. If and to the extent that such work is attributable to any other cause, the Contractor shall be notified promptly by (or on behalf of) the Employer, and Sub-Clause 13.3 [Variation Procedure] shall apply. The Employer shall be entitled subject to Sub-Clause 2.5 [Employer's Claims] to an extension of the Defects Notification Period for the Works or a Section if and to the extent that the Works, Section or a major item of Plant (as the case may be, and after taking over) cannot be used for the purposes for which they are intended by reason of a defect or damage. However, a Defects Notification Period shall not be extended by more than two years. If delivery and/or erection of Plant and/or Materials was suspended under Sub-Clause
Failure to Remedy Defects. If the Contractor fails to remedy any defect or damage within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the defect or damage is to be remedied. The Contractor shall be given reasonable notice of this date. If the Contractor fails to remedy the defect or damage by this notified date and this remedial work was to be executed at the cost of the Contractor under Sub-Clause
