Common use of Failure to Remedy Defects Clause in Contracts

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.

Appears in 1 contract

Samples: Service Agreement

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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 specific Order Request or Agreement according to Section 1113.

Appears in 1 contract

Samples: Supply Agreement

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 1112.

Appears in 1 contract

Samples: Supply Agreement

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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 11Section13.

Appears in 1 contract

Samples: Implementation and Maintenance Agreement

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