Common use of Failure Clause in Contracts

Failure. Failure of any material to pass the specified tests will be sufficient cause for refusal to consider, under this Agreement, any further samples of the same brand or make of that material. The Owner reserves the right to disapprove any material or equipment that has previously proved unsatisfactory in service as determined in Owner’s sole discretion.

Appears in 4 contracts

Samples: Comprehensive Agreement, Design and Construction Agreement, Comprehensive Agreement

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Failure. Failure of any material to pass the specified tests will be sufficient cause for refusal to consider, under this Agreement, any further samples of the same brand or make of that material. The Owner reserves the right to disapprove any material or equipment that has previously proved unsatisfactory in service as determined in Owner’s sole discretiondiscretion in service.

Appears in 2 contracts

Samples: Comprehensive Agreement, Comprehensive Agreement

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