Non-Conforming Services. The acceptance by City of any non- conforming services under the terms of this Agreement or the foregoing or waiver by City of any of the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of City’s right to conforming services or any rights and/or remedies in respect to any subsequent Breach or Default of the terms of this Agreement. In the event of any Default or Breach of this Agreement by Manager, City shall have the right to pursue any rights and remedies available at law or in equity. The rights and remedies of City provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive.
Non-Conforming Services. The acceptance by the City and the County of any non-conforming goods/services under the terms of this Agreement for the foregoing by the City and the County of any of the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of the City and the County's right to conforming services or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies of the City and the County provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive.
Non-Conforming Services. The acceptance by the R&E Board of any non-conforming goods/services under the terms of this Agreement for the foregoing by the R&E Board of any of the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of the R&E Board’s right to conforming services or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies of the R&E Board provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive.
Non-Conforming Services. If, in Newmont’s sole reasonable determination, Services do not materially conform to Supplier’s warranties set forth herein (“Non-Conforming Services”), Newmont may give Supplier Notice thereof, within sixty (60) days from Newmont’s acceptance of such Service, determined as provided in Section 6.1, and Supplier shall promptly, at Supplier’s sole cost and expense, re-perform such Non-Conforming Services to Newmont’s reasonable satisfaction. Supplier shall, upon receipt of Newmont’s Notice, promptly furnish, at no cost to Newmont, all labor, equipment, supervision, and materials at the jobsite necessary to correct the Non-Conforming Services. All re-performed Services shall themselves be subject to Supplier’s warranties set forth herein, and Supplier’s obligations under this Section 5.5 for a period of sixty (60) days from Newmont’s acceptance of the re-performed Services, determined as provided in Section 5.3.
5.5.1. If Supplier fails to re-perform the Non-Conforming Services within a commercially reasonable period of time (not to exceed ten (10) days), Newmont may, at its sole option by giving Notice thereof to Supplier, re-perform the Non-Conforming Services itself or obtain replacement services from another service provider. Regardless of which of the foregoing options Newmont chooses, Supplier shall be liable for all reasonable costs incurred by Newmont as a result thereof, including the difference, if any, between the higher price paid by Newmont for the replacement Services and the Fees that Newmont would have paid to Supplier under the terms of this Agreement for such Services. Newmont shall have a reasonable amount of time (not to be less than forty- five (45) days) to calculate and submit to Supplier a claim for any such costs or liabilities incurred (the “Services Claim Amount”). Newmont may: (A) deduct the Services Claim Amount from the invoice amount applicable to such Non-Conforming Services; (B) if Newmont previously paid such invoice amount or portion thereof, require Supplier to reimburse Newmont for the Services Claim Amount; or (C) setoff the Services Claim Amount against any other amount owing to or invoiced bySupplier.
Non-Conforming Services.
(a) CWW’s Representative or its nominee may at any time inspect the CWW Assets. The cost of the inspections referred to in this clause 4.7(a) will be borne by CWW unless the inspection reveals that the Services were not performed or were not performed in accordance with this Contract, in which case the direct costs reasonably and necessary incurred by CWW in carrying out the relevant inspection will be a debt due and immediately payable by the Customer to CWW.
(b) If CWW’s Representative is of the reasonably opinion that any Services have not been performed or not been performed by the Customer in accordance with this Contract, CWW’s Representative may direct the Customer, at the Customer’s expense and within the reasonable time directed by CWW’s Representative, to re-perform the non-conforming works and services.
(c) After giving the Customer 14 days’ prior written notice, CWW may, either itself or by a third party, perform any obligation which the Customer was obliged to perform under this Contract but which it failed to perform (including complying with a direction of CWW’s Representative). The cost incurred by CWW in performing such an obligation will be a debt due and immediately payable from the Customer to CWW.
Non-Conforming Services. Within thirty (30) days of delivery of any deliverable in connection with the Services (“Deliverable”), Client shall inform KBI Biopharma of any material non-conformity with (i) the specifications (the “Specifications”) set forth in the Proposal, the Quality Agreement or otherwise mutually agreed upon in writing and (ii) the requirements of this Agreement ((i) and (ii) are collectively, the “Product Requirements”). Any failure of a Deliverable to meet the Product Requirements due to causes which are reasonably within KBI Biopharma’s control shall be deemed a “Defective Deliverable”). As Client’s sole and exclusive remedy for a Defective Deliverable, KBI Biopharma shall, subject to Client providing the replacement active pharmaceutical ingredient or other source materials, as applicable, promptly re-perform such non-conforming Services and deliver a replacement Deliverable that meets the Product Requirements with no additional fees to Client. A Deliverable shall be deemed “Accepted” upon the earlier of (a) Client delivering written notice to KBI Biopharma that the Deliverable meets the applicable Specifications and Product Requirements or (b) Client failing to notify KBI Biopharma of a Defective Deliverable within the applicable thirty (30) day period specified in this Section 3.4. [***]Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. Confidential treatment has been requested with respect to this information.
Non-Conforming Services. For any WaTech-provided services which fail to conform to the specifications of this Agreement or a TOS, and such failure is caused solely by the negligence of WaTech, no charge will be invoiced. If both parties are negligent, the parties agree to apportion between them the damage attributable to the actions of each. Customer is solely responsible for any damage caused in whole or in part by inaccurate or inadequate data, programs, or software furnished by Customer to WaTech.
Non-Conforming Services. Within thirty (30) days of delivery of the Product, Client shall inform KBI Biopharma of any material non-conformity with required specifications set forth in the Proposal, as may be further provided in the Quality Agreement. In the event that such non-conformity is attributable to KBI’s breach of its obligations under this Agreement, then, as Client’s initial remedy, KBI Biopharma shall, subject to Client providing the active pharmaceutical ingredient, biological material or other source materials, as applicable, re-perform such non-conforming Services as soon as possible with no additional fees to Client. If upon repeat of the Services, KBI Biopharma is unable to deliver a conforming Product, either party may terminate this Agreement or if the Parties so agree, they shall work together in good faith generate a Product that conforms to the specifications.
Non-Conforming Services. The acceptance by the RCRRA of any non-conforming services under the terms of this Agreement or the foregoing by the RCRRA of any of the rights or remedies arising under the terms of this agreement shall not constitute a waiver of the RCRRA's right to conforming services or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies of the RCRRA provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive.
Non-Conforming Services. (a) The Seller must immediately notify AV if it becomes aware of (or suspects) any error or omission in the provision of the Services and must promptly rectify such error or omission at its own cost.
(b) Without limiting any other remedy available to AV, if the Seller fails to provide the Services in accordance with this Agreement (Non Conforming Services), AV may direct the Seller to correct the Non Conforming Services within the period stated in the direction and the Seller must comply with the direction at its own cost.
(c) If the Non Conforming Services are not able to be corrected under clause 5(b), AV may correct itself, or have corrected by a third party, the Non Conforming Services and the Seller must reimburse AV all costs AV incurs to correct the Non Conforming Services.
(d) AV is not required to pay for any Non Conforming Services unless and until those services are corrected by the Seller.
