Joint Inspection and Removal of Deficiency Sample Clauses

Joint Inspection and Removal of Deficiency. The handing over process shall be initiated atleast 1 month before COD by a joint inspection by the Independent Consultant and the Concessionaire. The Independent Consultant shall, within 7 days of such inspection prepare and furnish to the Concessionaire a list of works/ jobs/ additions/ alterations, if any, to be carried out to bring the Project to the prescribed level of service condition at least 7 days prior to COD. In case the Concessionaire fails to carry out the above works, within the stipulated time period, the NGS shall be at liberty to have these works executed by any other Person at the risk and cost of the Concessionaire and any cost incurred by NGS in this regard shall be reimbursed by the Concessionaire to NGS within 7 days of receipt of demand. For this purpose, NGS shall, without prejudice to any other right/ remedy available to it under this Agreement, have the right to appropriate the Performance Security and/ or to set off any amounts due, if any, and payable by NGS to the Concessionaire to the extent required/ available and to recover deficit amount, if any, from the Concessionaire.
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Joint Inspection and Removal of Deficiency. The handing over process shall be initiated at least 6 months before the actual date of expiry of the Concession Period by a joint inspection by the ITEL Engineer and the Concessionaire. The ITEL Engineer shall, within 15 days of such inspection prepare and furnish to the Concessionaire a list of works/jobs/additions/alterations, if any, to be carried out to bring the Project to the prescribed level of service condition at least two months prior to the date of expiry of the Concession Period. In case the Concessionaire fails to carry out the above works, within the stipulated time period the ITEL shall be at liberty to have these works executed by any other Person at the risk and cost of the Concessionaire and any cost incurred by XXXX in this regard shall be reimbursed by the Concessionaire to ITEL within 7 days of receipt of demand. For this purpose, ITEL shall without prejudice to any other right/remedy available to it, under this Agreement, have the right to appropriate the Performance Security and/or to set off any amounts due, if any, and payable by ITEL to the Concessionaire to the extent required/ available and to recover deficit amount, if any, from the Concessionaire.
Sample 1
Joint Inspection and Removal of Deficiency. The handing over process shall be initiated at least 12 months before the actual date of expiry of the Concession Period by a joint inspection of the Independent Engineer and the Concessionaire. The Independent Engineer shall, within 15 days of such inspection prepare and furnish to the Concessionaire a list of works/jobs/additions/alterations, if any, to be carried out to bring the Project to the prescribed level of service condition at least two months prior to the date of expiry of the Concession Period. In case the Concessionaire fails to carry out the above works, within the stipulated time period the MMC shall be at liberty to have these works executed by any other Person at the risk and cost of the Concessionaire and any cost incurred by MMC in this regard shall be reimbursed by the Concessionaire to MMC within 15 days of receipt of demand. For this purpose, MMC shall, without prejudice to any other right/remedy available to it, under this Agreement, have the right to appropriate the Performance Security to the extent required/ available and to recover deficit amount, if any, from the Concessionaire.
Sample 1
Joint Inspection and Removal of Deficiency. 15.3.1 The handing over process shall be initiated at least 12 months before the actual date of expiry of the Lease Period through a joint inspection by the Authority and the Developer. The Authority shall, within 15 days of such inspection prepare and furnish to the Developer a list of works/jobs/additions/alterations, if any, to be carried out to bring the Property, Project Facility and Project Assets at least to the level of service condition that existed on the Appointed Date and these works need to be completed by the Developer at least two months prior to the date of expiry of the Lease Period. In case the Developer fails to carry out the above works, within the stipulated time period, the Authority shall be at liberty to get these works executed by any other party at the risk and cost of the Developer and any cost incurred by the Authority in this regard shall be reimbursed by the Developer to the Authority within 7 days of receipt of demand. For this purpose, the Authority shall without prejudice to any other right/remedy available to it under this Agreement, have the right to appropriate and invoke the Performance Security and/or to set off any amounts due, if any, and payable by the Authority to the Developer to the extent required/ available and to recover deficit amount, if any, from the Developer.
Sample 1
Joint Inspection and Removal of Deficiency. The handing over process shall be initiated at least 6 (six) months before the actual date of expiry of the Concession Period by a joint inspection by the DUSIB and the Concessionaire. The DUSIB shall, within 15 (fifteen) days of such inspection prepare and furnish to the Concessionaire a list of works/jobs/ additions/ alterations, if any, to be carried out to bring the Project to the prescribed level of service condition at least 2 (two) months prior to the date of expiry of the Concession Period. In case the Concessionaire fails to carry out the above works, within the stipulated time period the DUSIB shall be at liberty to have these works executed by any other Person at the risk and cost of the Concessionaire and any cost incurred by DUSIB in this regard shall be reimbursed by the Concessionaire to DUSIB within 7 (seven) days of receipt of demand. For this purpose, DUSIB shall without prejudice to any other right/remedy available to it, under this Agreement, have the right to appropriate the Performance Security and/or to set off any amounts due, if any, and payable by DUSIB to the Concessionaire to the extent required/ available and to recover deficit amount, if any, from the Concessionaire.
Sample 1
Joint Inspection and Removal of Deficiency. The handing over process shall be initiated at least 6 (six) months before the actual date of expiry of the Lease Period by a joint inspection by APIIC and the Developer. APIIC shall, within 15 (fifteen) days of such inspection prepare and furnish to the Developer a list of works/ jobs/ additions/ alterations, if any, to be carried out to bring the Project to the reasonable level of service condition at least 2 (two) months prior to the date of expiry of the Lease Period. In case the Developer fails to carry out the above works, within the stipulated time period APIIC shall be at liberty to have these works executed by any other Person at the risk and cost of the Developer and any cost incurred by APIIC in this regard shall be reimbursed by the Developer to APIIC within 7 (seven) days of receipt of demand. Any delay in such payments shall entail a payment of interest at the rate of 16% (sixteen percent) per annum.
Sample 1
Joint Inspection and Removal of Deficiency. The handing over process shall be initiated at least 12 months before the actual date of expiry of the Service Period by a joint inspection by the AUTHORITY Engineer and the Operator. The AUTHORITY Engineer shall, within 15 days of such inspection prepare and furnish to the Operator a list of works/jobs/additions/alterations, if any, to be carried out to bring the Project to the prescribed level of service condition at least two months prior to the date of expiry of the Service Period. In case the Operator fails to carry out the above works, within the stipulated time period the AUTHORITY shall be at liberty to have these works executed by any other Person at the risk and cost of the Operator and any cost incurred by AUTHORITY in this regard shall be reimbursed by the Operator to AUTHORITY within 7 days of receipt of demand. For this purpose, AUTHORITY shall without prejudice to any other right/remedy available to it, under this Agreement, have the right to appropriate the Performance Security and/or to set off any amounts due, if any, and payable by AUTHORITY to the Operator to the extent required/ available and to recover deficit amount, if any, from the Operator.
Sample 1
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Related to Joint Inspection and Removal of Deficiency

  • OIG Removal of IRO In the event OIG has reason to believe the IRO does not possess the qualifications described in Paragraph B, is not independent and objective as set forth in Paragraph E, or has failed to carry out its responsibilities as described in Paragraph C, OIG shall notify Provider in writing regarding OIG’s basis for determining that the IRO has not met the requirements of this Appendix. Provider shall have 30 days from the date of OIG’s written notice to provide information regarding the IRO’s qualifications, independence or performance of its responsibilities in order to resolve the concerns identified by OIG. If, following OIG’s review of any information provided by Provider regarding the IRO, OIG determines that the IRO has not met the requirements of this Appendix, OIG shall notify Provider in writing that Provider shall be required to engage a new IRO in accordance with Paragraph A of this Appendix. Provider must engage a new IRO within 60 days of its receipt of OIG’s written notice. The final determination as to whether or not to require Provider to engage a new IRO shall be made at the sole discretion of OIG.

  • Provision and Removal of Equipment B2.1 The Contractor shall provide all the Equipment necessary for the supply of the Services.

  • Conduct and Removal While performing the Project, Grantee Agents must comply with applicable Contract terms, State and federal rules, regulations, HHSC’s policies, and HHSC’s requests regarding personal and professional conduct; and otherwise conduct themselves in a businesslike and professional manner. If HHSC determines in good faith that a particular Grantee Agent is not conducting himself or herself in accordance with the terms of the Contract, HHSC may provide Grantee with notice and documentation regarding its concerns. Upon receipt of such notice, Xxxxxxx must promptly investigate the matter and, at HHSC’s election, take appropriate action that may include removing the Grantee Agent from performing the Project.

  • Investigations and Remediations Lessor shall retain the responsibility and pay for any investigations or remediation measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to the Start Date, unless such remediation measure is required as a result of Lessee's use (including "Alterations", as defined in Paragraph 7.3(a) below) of the Premises, in which event Lessee shall be responsible for such payment. Lessee shall cooperate fully in any such activities at the request of Lessor, including allowing Lessor and Lessor's agents to have reasonable access to the Premises at reasonable times in order to carry out Lessor's investigative and remedial responsibilities.

  • Removal of Improvements Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value.

  • Reports of Foreclosures and Abandonment of Mortgaged Property The Master Servicer or the Subservicers shall file information returns with respect to the receipt of mortgage interests received in a trade or business, the reports of foreclosures and abandonments of any Mortgaged Property and the information returns relating to cancellation of indebtedness income with respect to any Mortgaged Property required by Sections 6050H, 6050J and 6050P, respectively, of the Code, and deliver to the Trustee an Officers' Certificate on or before March 31 of each year stating that such reports have been filed. Such reports shall be in form and substance sufficient to meet the reporting requirements imposed by Sections 6050H, 6050J and 6050P of the Code.

  • Resignation and Removal of Escrow Agent Escrow Agent may resign from the performance of its duties hereunder at any time by giving thirty (30) days' prior written notice to the parties or may be removed, with or without cause, by the parties, acting jointly, by furnishing a Joint Written Direction to Escrow Agent, at any time by the giving of ten (10) days' prior written notice to Escrow Agent as provided herein below. Upon any such notice of resignation or removal, the representatives of the Investor(s) and the Company identified in Sections 13a.(iv) and 13b.(iv), below, jointly shall appoint a successor Escrow Agent hereunder, which shall be a commercial bank, trust company or other financial institution with a combined capital and surplus in excess of $10,000,000.00. Upon the acceptance in writing of any appointment of Escrow Agent hereunder by a successor Escrow Agent, such successor Escrow Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Escrow Agent, and the retiring Escrow Agent shall be discharged from its duties and obligations under this Escrow Agreement, but shall not be discharged from any liability for actions taken as Escrow Agent hereunder prior to such succession. After any retiring Escrow Agent's resignation or removal, the provisions of this Escrow Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Escrow Agent under this Escrow Agreement. The retiring Escrow Agent shall transmit all records pertaining to the Escrow Funds and shall pay all funds held by it in the Escrow Funds to the successor Escrow Agent, after making copies of such records as the retiring Escrow Agent deems advisable and after deduction and payment to the retiring Escrow Agent of all fees and expenses (including court costs and attorneys' fees) payable to, incurred by, or expected to be incurred by the retiring Escrow Agent in connection with the performance of its duties and the exercise of its rights hereunder.

  • Inspection and Rejection of Nonconforming Goods The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

  • Response/Compliance with Audit or Inspection Findings A. Grantee must act to ensure its and its Subcontractors’ compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, inspection or investigation of the Grant Agreement and the services and Deliverables provided. Any such correction will be at Grantee’s or its Subcontractor's sole expense. Whether Xxxxxxx's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services, Grantee must provide to HHS upon request a copy of those portions of Grantee's and its Subcontractors' internal audit reports relating to the services and Deliverables provided to the State under the Grant Agreement. C. Grantee shall include the requirement to provide to System Agency (and any of its duly authorized federal, state, or local authorities) internal audit reports related to this Grant Agreement in any Subcontract it awards. Upon request by System Agency, Grantee shall enforce this requirement against its Subcontractor. Further, Grantee shall include in any Subcontract it awards a requirement that all Subcontractor Subcontracts must also include these provisions.

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