Non-complying Services. If the Contract Administrator discovers or believes that any Services have not been performed in accordance with the Contract, the Contract Administrator may give the Consultant an instruction specifying the non-complying Services and doing one or more of the following: requiring the Consultant to: re-perform the Services which are non-complying and specifying the time within which this must occur; and to take all such steps as are reasonably necessary to: mitigate the effect on the Principal of the failure to carry out the Services in accordance with the Contract; and put the Principal (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the Contract; or advising the Consultant that the Principal will accept the non-complying Services despite the non-compliance.
Non-complying Services. If a direction is given under clause 7.2, the Consultant must reperform the non-complying Services: within the time specified in the Contractor's Representative's direction; and if after the Date for Completion, so as to minimise the delay and disruption to the Services or the MCC Works.
Non-complying Services. If Xxxxxx believes any Service has not been performed in accordance with this Agreement, without limiting its rights elsewhere in this Agreement or at law, Xxxxxx'x Representative may give the Service Provider a direction requiring it to:
(a) re-perform the Services within a specified time; and
(b) do all things necessary to:
(i) mitigate the effect on Xxxxxx of the failure to perform the Services in accordance with this Agreement; and
(ii) put Xxxxxx in the position it would have been in had the Service Provider completed the Services in accordance with this Agreement.
Non-complying Services. If the Commonwealth's Representative discovers or believes that any Services have not been performed in accordance with the Contract, the Commonwealth's Representative may give the Consultant an instruction specifying the non-complying Services and doing one or more of the following:
(a) requiring the Consultant to:
(i) re-perform the non-complying Services and specifying the time within which this must occur; and
(ii) to take all such steps as are reasonably necessary to:
Non-complying Services. Without limiting its other rights under the Contract or otherwise at law, if the Principal’s Representative discovers or believes that any Services have not been performed in accordance with the Contract, the Principal’s Representative may give the Consultant an instruction specifying the non-complying Services and require the Consultant to do one or more of the following: reperform the Services which are non-complying and specifying the time within which this must occur; and to take all such steps as are reasonably necessary to: mitigate the effect on the Principal of the failure to carry out the Services in accordance with the Contract; and put the Principal (as closely as possible) in the position in which it would have been if the Consultant had carried out the Services in accordance with the Contract.
Non-complying Services
Non-complying Services
