Common use of Failure to Remedy Clause in Contracts

Failure to Remedy. If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, remedy the defect or nonconformity, in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser shall offset the costs incurred from amounts owing to Contractor.

Appears in 13 contracts

Samples: Janitorial Services Contract, Janitorial Services Contract, Janitorial Services Contract

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Failure to Remedy. If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, remedy the defect make or nonconformitycause to be made required modifications, adjustments, or repairs, or may replace, Services, in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser shall will offset the costs incurred from amounts owing to Contractor.

Appears in 10 contracts

Samples: Master Contract, Master Contract, Master Contract

Failure to Remedy. If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, remedy the defect or nonconformitymay replace such defective Goods (including, but not limited to expired goods), in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser shall will offset the costs incurred from amounts owing to Contractor.

Appears in 8 contracts

Samples: Washington Statewide Contract, Washington Statewide Contract, Washington Statewide Contract

Failure to Remedy. If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, remedy may replace the defect or nonconformityServices, in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser shall will offset the costs incurred from amounts owing to Contractor.

Appears in 8 contracts

Samples: Statewide Contract, Statewide Contract, Statewide Contract

Failure to Remedy. If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, remedy the defect make or nonconformitycause to be made required modifications, adjustments, or repairs, or may replace Goods, in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser shall offset the costs incurred from amounts owing to Contractor.

Appears in 6 contracts

Samples: Cooperative Purchasing Agreement, Cooperative Purchasing Agreement, Cooperative Purchasing Agreement

Failure to Remedy. If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, remedy the defect or nonconformityreplace Ammunition, in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser shall will offset the costs incurred from amounts owing to Contractor.

Appears in 4 contracts

Samples: Statewide Contract, Statewide Contract, Statewide Contract

Failure to Remedy. If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, remedy the defect or nonconformity, in replace such Goods and/or Servicesin which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser shall offset the costs incurred from amounts owing to Contractor.

Appears in 3 contracts

Samples: Statewide Contract, Statewide Contract, Statewide Contract

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Failure to Remedy. If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, remedy the defect or nonconformitymay replace such Goods, in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser shall offset the costs incurred from amounts owing to Contractor.

Appears in 3 contracts

Samples: Cooperative Purchasing Agreement, Cooperative Purchasing Agreement, Cooperative Purchasing Agreement

Failure to Remedy. If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, remedy request reimbursement for the defect or nonconformity, in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser shall offset the costs incurred from amounts owing to Contractorperiod of time where no access was provided.

Appears in 2 contracts

Samples: Master Contract, Master Contract

Failure to Remedy. If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, remedy the defect or nonconformity, replace such Goods and/or Services in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser shall offset the costs incurred from amounts owing to Contractor.

Appears in 1 contract

Samples: Statewide Contract for Linen and Laundry Services

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