Further Defects Liability Period Sample Clauses

Further Defects Liability Period. 11.5.1 If the Contractor executes remedial work under this clause, the Council may by written notice to the Contractor fix a further Defects Liability Period in respect of the remedial work (being no longer than the initial Defects Liability Period) commencing upon the date of completion of the remedial work. This clause applies to that remedial work as if the further Defects Liability Period was the Defects Liability Period referred to in clause 11.1.
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Further Defects Liability Period. If the Contractor executes remedial work under this clause, the Council may by written notice to the Contractor fix a further Defects Liability Period in respect of the remedial work (being no longer than the initial Defects Liability Period) commencing upon the date of completion of the remedial work. This clause applies to that remedial work as if the further Defects Liability Period was the Defects Liability Period referred to in clause 11.1. Access for remedial works The Council must provide reasonable access to the Contract Works for the Contractor to execute remedial works at times reasonably convenient to the Council and occupiers of the Contract Works. The Contractor must execute remedial works in such manner as minimises inconvenience to the Council and occupiers of the Contract Works. Deemed Variation If it is established that a Defect identified as such by the Council is not a Defect or is a Defect in the design of the Contract Works as prepared by any consultant of the Council, the works carried out by the Contractor pursuant to an instruction under clause 11.2 are deemed a Variation. Final Certificate Upon the expiry of the Defects Liability Period, and when the Contractor has completed the Contract Works including all remedial works to the reasonable satisfaction of the Council and has provided to the Council all documents and other information required by the Council under this agreement, the Council must issue to the Contractor a Final Certificate stating the Council must pay to the Contractor within 21 days any remaining balance of the Contract Sum as adjusted under this agreement. Issue of the Final Certificate and payment of the Contract Sum do not release or discharge any liability of the Contractor to the Council for any breach of this agreement (including any Defect) or for any other conduct in relation to the Contract Works or this agreement.
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Related to Further Defects Liability Period

  • Defects Liability Period Defects liability period shall start for Instructed works immediately the works are certified as Complete by the Engineer. The period of Defects liability shall be prescribed in the Appendix to the Contract. SUBCLAUSE 49.2 – COMPLETION OF OUTSTANDING WORK AND REMEDYING DEFECTS Add At the time of End of Defects Liability Inspection, no defect arising from the permanent works existing shall be acceptable for taking over. The Inspection team shall verify and satisfy themselves that all the outstanding works and defects arising out of the works have been attended to sufficiently. Routine Maintenance works/PBC Works shall also be inspected at the time of End of Defects Liability Inspection and should comply to the specifications of the PBC Works.

  • Extension of Defects Liability Period The Defects Liability Period shall be deemed to be extended till the identified Defects under Clause 17.2 have been remedied or rectified.

  • Defect Liability Period The defect liability period (if any) shall be as per Special Conditions of Contract of Part-B.

  • Defects Liability 9.1 In this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (“Defects”).

  • DEFECT LIABILITY It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.

  • Assignment Liability Indemnity Force Majeure Consequential Damages and Default Notwithstanding any other provision of this Agreement, the liability, indemnification and insurance provisions of the Transmission Operating Agreement (“TOA”) or other applicable operating agreements shall apply to the relationship between the System Operator and the Interconnection Transmission Owner and the liability, indemnification and insurance provisions of the Tariff apply to the relationship between the System Operator and the Interconnection Customer and between the Interconnecting Transmission Owner and the Interconnection Customer.

  • Indemnity Obligations An Indemnified Party seeking indemnification under this Agreement must notify Customer promptly of any event requiring indemnification. However, an Indemnified Party’s failure to notify will not relieve Customer from its indemnification obligations, except to the extent that the failure to notify materially prejudices Customer. Customer may assume the defense of any proceeding requiring indemnification unless assuming the defense would result in potential conflicting interests as determined by the Indemnified Party in good faith. An Indemnified Party may, at Customer’s expense, defend itself until Customer’s counsel has initiated a defense of the Indemnified Party. Even after Customer assumes the defense, the Indemnified Party may participate in any proceeding using counsel of its own choice and at its own expense. Customer may not settle any proceeding related to this Agreement unless the settlement also includes an unconditional release of liability for all Indemnified Parties. Customer’s indemnification obligations are not the sole remedy for Customer’s breach of this Agreement and are in addition to any other remedies available. Customer’s indemnification obligations hereunder are not an Indemnified Party’s sole remedy for events giving rise to indemnity by Customer hereunder, and are in addition to any other remedies an Indemnified Party may have against Customer under this Agreement.

  • Liability and Force Majeure (7.1) Neither party shall be liable to the other for any failure to perform its obligations under this Agreement to the extent that such failure is due to the occurrence of an event of Force Majeure, save that the occurrence of an event of Force Majeure shall not excuse the parties from any obligation to make payments of money under this Agreement.

  • General Liability and Property Damage: With respect to all operations performed under the Agreement, the Party shall carry general liability insurance having all major divisions of coverage including, but not limited to: Premises - Operations Products and Completed Operations Personal Injury Liability Contractual Liability The policy shall be on an occurrence form and limits shall not be less than: $1,000,000 Per Occurrence $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $ 50,000 Fire/ Legal/Liability Party shall name the State of Vermont and its officers and employees as additional insureds for liability arising out of this Agreement.

  • Additional Liability Disclaimer APPLE SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE, DISTRIBUTION, MISUSE, RELIANCE ON, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF WALLET, YOUR PASS TYPE ID, YOUR PASSES, OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY LOSS OR FAILURE TO DISPLAY YOUR PASS IN WALLET OR ANY END-USER CLAIMS ARISING FROM ANY USE OF THE FOREGOING BY YOUR END-USERS. Attachment 6 (to the Agreement) Additional Terms for the use of the Apple Maps Service The following terms are in addition to the terms of the Agreement and apply to any use of the Apple Maps Service in Your Application, website, or web application.

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