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):
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:
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:
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):‐
Failure to Remedy Defects. SAMPLE 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 11.2 [Cost of Remedying Defects], the Employer may (at his option):
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.
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. 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 TOMRA 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 take material steps to commence correction of a Defect and/or damage caused to the Facility by a Defect within a reasonable period of time not to exceed three (3) Business Days after discovery of the Defect and/or damage by Contractor or notice of the Defect and/or damage by Company, or does not remedy such Defect within a reasonable time given the nature of the Defect and/or damage, then Company or Company’s Representative may, after giving advance notice, fix a date or time on or by which Contractor must correct the Defect and/or damage caused by the Defect.
