MAINTENANCE DURING DEFECTS LIABILITY PERIOD Sample Clauses

MAINTENANCE DURING DEFECTS LIABILITY PERIOD. The Contractor must ensure that during the Defects Liability Period for the Works or each Stage such planned and unplanned maintenance is carried out: as required by the Project Lifecycle and HOTO Plan; and as is otherwise necessary to ensure that the Works are, or each Stage is, throughout and at the end of the Defects Liability Period in a condition fit for their intended purpose.
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MAINTENANCE DURING DEFECTS LIABILITY PERIOD. The Contractor must ensure that during the Defects Liability Period for the Works or each Stage such planned and unplanned maintenance is carried out: as required by the Works Description; and otherwise in accordance with the Project Lifecycle and HOTO Plan. Without limiting clause 8.17(a)(ii), the Contractor must: fully co-operate with the Contract Administrator, the Commonwealth and Other Contractors and take all steps necessary to ensure the timely, efficient, comprehensive and smooth completion of the HOTO Process; and without limiting paragraph (a): carry out all Contractor HOTO Obligations; ensure that all Contractor HOTO Obligations are carried out within any applicable timeframe prescribed by, or determined in accordance with, the HOTO Plan and Checklist and the other requirements of the Contract; comply with all commissioning, training and handover requirements described in the Contract, including the requirements in Annexure 2; as and when required by the Contract Administrator, provide the Commonwealth and such other persons as nominated in writing by the Contract Administrator (including the Host Nation) with such other specific assistance as may be required by the Contract Administrator to facilitate the timely, efficient, comprehensive and smooth completion of the HOTO Process, including providing the occupants with any training required to operate and maintain the Works or the Stage; as a condition precedent to Completion, hand to the Contract Administrator or other persons nominated by the Contract Administrator all Project Documents which are required for the use, operation and maintenance of the Works or the relevant Stage; and as and when required by the Contract Administrator, meet with the Contract Administrator, the Commonwealth and such other persons as are nominated by the Contract Administrator (including the Host Nation and Other Contractors) for the purpose of ensuring that the Contract Administrator, the Commonwealth and the nominated persons have sufficient information to enable the Contract Administrator, the Commonwealth and the nominated persons (as the case may be) to: occupy, use, operate and maintain the Works or the Stage; and perform such other activities as may be required by the Commonwealth in respect of the Works or the Stage.
Sample 1
MAINTENANCE DURING DEFECTS LIABILITY PERIOD. It shall be responsibility of the contractor to remove defects during the Defect Liability Period at no extra cost. The contractor shall receive calls for any and all problems experienced in the operation of the system under this contract, attend to these within 24 hours of receiving the complaints and shall take steps to immediately correct any deficiency that may exist. All components, system software, parts and assemblies supplied by the Contractor shall be guaranteed against defects in materials and workmanship for one year from the date of handing over to the BSNL. Labour, repair or replacement of system components shall be the responsibility of contractor at no extra cost to the BSNL. All equipment that requires repairing shall be immediately serviced and repaired. All replacement parts and labour shall be supplied promptly & free-of-charge to the BSNL.
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MAINTENANCE DURING DEFECTS LIABILITY PERIOD. To the extent set out in the Subcontract Particulars, the Subcontractor must ensure that during the Defects Liability Period for the Subcontract Works or each Stage such planned and unplanned maintenance is carried out: as required by the Commissioning and Handover Plan; and as is otherwise necessary to ensure that the Subcontract Works are, or each Stage is, throughout and at the end of the Defects Liability Period in a condition fit for their intended purpose. Without limiting clause 9.6, the Subcontractor must maintain adequate records of all calls, attendances, recommendations and actions taken in respect of all Defects during the Defects Liability Period. Within 14 days of the end of the Defects Liability Period for the Subcontract Works or a Stage, the Subcontractor must provide a report to the Contractor's Representative in a form satisfactory to the Contractor's Representative which sets out: adequate records of all calls, attendances, recommendations and actions taken in respect of all Defects; recommendations for the future maintenance of the Subcontract Works; any matters in respect of work health and safety issues; and any other matters specified in the Subcontract Particulars or required by the Contractor's Representative.
Sample 1
MAINTENANCE DURING DEFECTS LIABILITY PERIOD. To the extent set out in the Contract Particulars, the Contractor must ensure that during the Defects Liability Period for the Works or each Stage such planned and unplanned maintenance is carried out: as required by the Commissioning and Handover Plan; and as is otherwise necessary to ensure that the Works are, or each Stage is, throughout and at the end of the Defects Liability Period in a condition fit for their intended purpose. Any maintenance work carried out by the Contractor under this clause is to be Reimbursable Work.
Sample 1

Related to MAINTENANCE DURING DEFECTS LIABILITY PERIOD

  • Defects Liability Period (i) The Contractor shall be responsible for all the Defects and deficiencies, except usual wear and tear in the Project Highway or any Section thereof, till the expiry of a period of commencing from the date of Completion Certificate (the “Defects Liability Period”) as specified below: (a) 5 (five) years from the date of completion in case of a road being constructed with flexible pavement; (b) 10 (ten) years from the date of completion in case of road being constructed with rigid pavement; (c) 10 (ten) years from the date of completion in case of road being constructed with flexible pavement using perpetual design; (d) 10 (ten) years from the date of completion in case of all stand-alone structures, e.

  • Maintenance during Construction Period (i) During the Construction Period, the Contractor shall maintain, at its cost, the existing lane(s) of the Project Highway so that the traffic worthiness and safety thereof are at no time materially inferior as compared to their condition on Appointed Date, and shall undertake the necessary repair and maintenance works for this purpose; provided that the Contractor may, at its cost, interrupt and divert the flow of traffic if such interruption and diversion is necessary for the efficient progress of Works and conforms to Good Industry Practice; provided further that such interruption and diversion shall be undertaken by the Contractor only with the prior written approval of the Authority’s Engineer which approval shall not be unreasonably withheld. For the avoidance of doubt, it is agreed that the Contractor shall at all times be responsible for ensuring safe operation of the Project Highway. It is further agreed that in the event the Project includes construction of a bypass or tunnel and realignment of the existing carriageway, the Contractor shall maintain the existing highway in such sections until the new Works are open to traffic. (ii) Notwithstanding anything to the contrary contained in this Agreement, in the event of default by the Contractor in discharging the obligations specified in Clause 10.4 (i) above, the Authority shall get these maintenance works completed in the manner recommended by the Authority’s Engineer to avoid public inconvenience at the risk and cost of the Contractor in order to keep the road in traffic worthy condition.

  • Cost of remedying Defects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to: (a) the design of the Project; (b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications and Standards; (c) improper maintenance during construction of the Project Highway by the Contractor; and/ or (d) failure by the Contractor to comply with any other obligation under this Agreement.

  • Excusable Delay The parties shall not be obligated to perform and shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.

  • Delays during construction Without prejudice to the provisions of Clause 10.3 (ii), in the event the Contractor does not achieve any of the Project Milestones or the Authority’s Engineer shall have reasonably determined that the rate of progress of Works is such that Completion of the Project Highway is not likely to be achieved by the end of the Scheduled Completion Date, it shall notify the same to the Contractor, and the Contractor shall, within 15 (fifteen) days of such notice, by a communication inform the Authority’s Engineer in reasonable detail about the steps it proposes to take to expedite progress and the period within which it shall achieve the Project Completion Date.

  • Warranty Period Except as may be otherwise specified or agreed, Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Substantial Completion of the Work. If Substantial Completion occurs by phase, then the warranty period for that the Work performed for each phase begins on the date of Substantial Completion of that phase, or as otherwise stipulated on the Certificate of Substantial Completion for the particular phase.

  • Warranty Periods All warranties begin to run from the date Material Completion is achieved.

  • Excusable Delays Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.

  • Benchmark Unavailability Period Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrower may revoke any pending request for a SOFR Borrowing of, conversion to or continuation of SOFR Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During a Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

  • 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”). 9.2 In particular, the following shall not be Defects: a) normal wear and tear, non-conformity resulting from excessive strain, b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents; c) installation, erection, modification, commissioning, or pre-commissioning, in each case not carried out by Xxxxxxx, d) non-reproducible software errors, e) defects which do not significantly impair the use of the respective Supplies. 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Flender in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Flender shall, at its option, remedy a Defect by repair, replacement, or re-performance. Flender shall be given a reasonable period of time and opportunity to remedy the Defect. For this purpose, the Customer shall xxxxx Xxxxxxx working access to the non- conforming Supplies, shall undertake any necessary dis-assembly and re-assembly, and shall provide access to operation and maintenance data, all at no charge to Flender. Upon Flender’s request, the Customer shall ensure that the title to the replaced parts/items shall pass to Flender. 9.4 Unless otherwise agreed, the defects liability period for any part of the Supplies is 12 months. It starts at the date of transfer of risk. For replaced or repaired parts of the Supplies, the defects liability period is 6 months from the date of replacement or repair, if the original defects liability period for the Supplies expires earlier. In any event, the defects liability period shall end no later than 24 months from the beginning of the original defects liability period. 9.5 If software is defective, Flender shall only be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Flender or, if Flender is only licensee, from Flender’s licensor. If the software has been modified or individually developed by Flender, Flender shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. 9.6 If Flender carries out remedial work and it is ultimately not established that there was a Defect, the Customer shall pay Flender for such remedial work including error diagnosis. 9.7 Any other liability of Flender and rights and remedies of the Customer in case of defects of the Supplies, other than those expressly stipulated in this Clause 9 or , in case Flender failed at least three times in remedying the defect, in Clause 15.2b) shall be excluded. All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or law are, to the fullest extent permitted by applicable law, excluded from this Contract.

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