Nonconforming Services Clause Samples

Nonconforming Services. With respect to those Data Processing Services involving the processing or storage by DST's equipment of data transmitted or furnished by Continuum or its Customers, DST shall, at its own expense, promptly re-perform or otherwise correct any nonconforming data or the products thereof which are due to negligence, bad faith, or lack of due diligence on the part of DST or its employees in the performance of such Data Processing Services; provided, however, that DST shall not be responsible in any manner for any such nonconforming data which are caused in whole or in part by inaccurate and incomplete or improper input data, or failure or incomplete or improper performance by equipment not located at the DST Data Center or incomplete or improper performance by programs or software systems supplied by anyone other than DST. Failure by Continuum or its Customers to give notice of nonconforming data within five (5) business days after performance of Data Processing Services resulting in non-conforming data shall constitute acceptance thereof such that DST shall be entitled to charge Continuum for any services which Continuum or its Customers thereafter request be re-performed. Provided that DST effects such re-performance or correction promptly after notice from Continuum, such re-performance or correction of non-conforming data by DST is DST's sole obligation, responsibility and liability for providing non-conforming data.

Nonconforming Services. Eagle shall promptly Notify American of any Deficiency in any Service, whether rendered by American or a Subcontractor. To the extent American agrees, or it is otherwise determined by the Dispute Resolution Procedure, that a Service was or is a Nonconforming Service, American shall use its Reasonable Efforts promptly to cure or correct, or cause its Subcontractor to cure or correct, the Deficiency to the extent it may then be cured or corrected. (a) If the Deficiency was the result of American’s negligence, American shall not be responsible or liable for any resulting damages of Eagle. (b) If the Deficiency was the result of American’s gross negligence (including recklessness) or willful misconduct, American shall be responsible or liable for Eagle’s resulting damages in an amount up to: (i) if American’s liability is determined (by the Parties’ agreement or the Dispute Resolution Procedure) after the calendar year in which the Deficiency occurred, the aggregate amount received by American for the Nonconforming Service for the calendar year in which the Deficiency occurred; (ii) if American’s liability is determined during the calendar year in which the Deficiency occurred and the Nonconforming Service is a Fixed-Price Service, the annual Price for the Nonconforming Service for that calendar year; or (iii) if American’s liability is determined during the calendar year in which the Deficiency occurred and the Nonconforming Service is a Use-based Service, the aggregate amount received by American for the Non-conforming Service to the date the liability is determined in that calendar year. The annual limit on American’s liability described above in this Section 15.2(b) is not cumulative from year to year. If there is more than one Deficiency in a single Service for which American is responsible or liable for damages and American’s liability for those Deficiencies is determined in the same calendar year, American’s responsibility or liability for damages resulting from all of those Deficiencies shall be subject to the applicable annual limit on liability described above in this Section 15.2(b). (c) If the Deficiency was the result of a Subcontractor’s negligence, gross negligence (including recklessness) or willful misconduct, and American has not independently decided to pursue the Subcontractor, American shall cooperate with Eagle and, at Eagle’s sole cost and expense, take such commercially reasonable action against the Subcontractor that Eagle may reasonab...

Nonconforming Services. GOODS, AND MATERIALS Purchaser, at its option, may reject and return at Seller’s risk and expense, or retain and correct, any goods and materials (including goods and materials originally supplied to Seller and upon which services have been performed) that fail to conform to the requirements of this Purchase Order and related release(s), even if the nonconformity does not become apparent to Purchaser until the manufacturing or processing stage of its operation. To the extent Purchaser rejects the goods and materials as nonconforming, the estimated quantities shall not be reduced by the quantity of nonconforming goods and materials unless Purchaser otherwise notifies Seller in writing. Seller shall immediately replace the nonconforming goods and materials with conforming goods and materials unless otherwise notified in writing by Purchaser. Nonconforming goods and materials will be held by Purchaser for disposition in accordance with Seller’s written instructions at Seller’s risk. Seller’s failure to provide written instructions within ten (10) days (or such shorter period as may be commercially reasonable under the circumstances) after notice of nonconformity, shall entitle Purchaser, at Purchaser’s option, to charge Seller for storage and handling or to dispose of the goods and materials without liability to Purchaser. In the event that Seller instructs Purchaser, or Purchaser at its option decides, to return the non-conforming goods to Seller, Seller shall ensure that all such returned goods which are either (i) delivered to Purchaser’s specification or (ii) which bear Purchaser’s trademarks or other identifying marks, are not disposed of in any way without first being destroyed in a manner that would not allow such goods to be used for their intended purpose and such that any Purchaser trademarks or other identifying marks are obliterated. In the event of any rejection and return, or retention and correction, of nonconforming goods, Seller shall reimburse Purchaser for: (a) All amounts paid by Purchaser on account of and for the purchase price of any returned, nonconforming goods and materials within ten (10) days after a debit memo for the amounts paid has been issued by Purchaser; (b) All costs of any goods or materials supplied to Seller upon which services were performed by Seller, and which are delivered by Seller in a nonconforming condition following Seller’s performance of the services, within ten (10) days after a debit memo for the amounts pai...

Nonconforming Services. Supplier shall implement processes to prevent any nonconforming good, material, or product from being shipped or otherwise delivered to WSU. If Supplier determines that such nonconforming good, material, or product has been shipped or delivered to WSU, Supplier must notify WSU immediately and make arrangements for approval to submit any nonconforming good, material, or product. Supplier must obtain advanced written consent from WSU prior to disposing of any good, material, or product provided by WSU.

Nonconforming Services. Notwithstanding anything to the contrary herein, if Service Provider provides any deliverable or Services that fail to conform in any material respect to the specifications of Urigen, including those set forth in the applicable Work Order and any written instructions of Urigen, in addition to any rights or remedies Urigen may have available to it, Urigen may require Service Provider to (i) conform such Services to the specifications of Urigen at no additional cost to Urigen or (ii) if Service Provider does not or cannot promptly conform such Services, credit to Urigen any monies paid by Urigen to Service Provider for the performance of such Services and the additional cost incurred by Urigen in connection with causing the Services to conform to the relevant specifications of Urigen.

Nonconforming Services. Services not conforming to the terms of this Agreement shall be deemed defective services. If required by the City, Contractor shall (as directed by the City) correct all defective services. Contractor shall bear all direct, indirect, and consequential costs of such correction (including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals) made necessary thereby, and shall hold the City harmless for same. 1. The Contractor shall analyze the samples according to the rules of the State of Florida Department of Environmental Protection, Chapter 62-7, 62-19m, 62-160, 62-550, 62- 551, 62-600 and 62-701. 2. All samples shall be taken by the Utilities Division, except for Groundwater Monitoring Well Samples. The laboratory will be responsible to pick up the samples for analysis (7) seven days per week from the following location: City of Lake Wales Wastewater Treatment Plant, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇. The laboratory awarded the bill will arrange for pick and transportation of samples from one site at their expense. All sample collection containers, labels, and chain of custodies, shall I be furnished by the laboratory awarded the bid. 3. All reports must be received by the City of Lake Wales Utilities Division with ten

Nonconforming Services. Notwithstanding anything to the contrary herein, if due to the acts or omissions of Service Provider, it provides any deliverable or Services that materially fail to conform to the specifications of Sponsor, including those set forth in the applicable Work Order and any reasonable written instructions of Sponsor, in addition to any rights or remedies Sponsor may have available to it, Sponsor may require Service Provider to (i) conform such Services to the specifications of Sponsor at no additional cost to Sponsor or (ii) if Service Provider does not or cannot promptly conform such Services, credit to Sponsor any monies paid by Sponsor to Service Provider for the performance of such Services and the additional reasonable cost incurred by Sponsor in connection with causing the Services to conform to the relevant specifications of Sponsor.

Nonconforming Services. Notwithstanding anything to the contrary herein, if due to the acts or omissions of Service Provider, it provides any deliverable or Services that materially fail to conform to the specifications of Sponsor, including those set forth in the applicable Work Order and any reasonable written instructions of Sponsor, in addition to any rights or remedies Sponsor may have available to it, Sponsor may require Service Provider to (i) conform such Services to the specifications of Sponsor at no additional cost to Sponsor or (ii) if Service Provider does not or cannot promptly conform such Services, credit to Sponsor any monies paid by Sponsor to Service Provider for the performance of such Services and the additional reasonable cost incurred by Sponsor in connection with causing the Services to conform to the relevant specifications of Sponsor.