Nonconformities. If any structure or use in the Project becomes nonconforming following the expiration of this Agreement, then it shall be governed by the provisions of SMC 17.55.040 or SMC 19.08.160, as applicable, in effect on the date of this Agreement. This provision shall survive termination of this Agreement.
Nonconformities. If Buyer notifies Seller within the Review Period of any nonconformity of the Software, in any material respect, with its Documentation, then Seller will have a 30 day period to fix the Software to comply with its Documentation in all material respects and resubmit the Software to Buyer for review, in which case the Review Period will recommence in its entirety. If the resubmitted Software does not comply with the Documentation in all material respects, then Buyer may reject the Software, cancel the Subscription without further liability and require Seller to promptly and fully refund payment for the
Nonconformities. If there is a substantial or material departure from any Materials Approved by Licensor, then: (A) Licensor shall have the right, in its sole and absolute discretion, to demand that Licensee immediately cease all manufacture, distribution and/or exploitation of such Materials, Licensee shall immediately comply with any such demand, and (B) notwithstanding anything contained in the Commercial Terms, the Royalty for any Licensed Products sold by Licensee that bear Materials that were not Approved by Licensor, or that have a substantial or material departure from any Materials Approved by Licensor, shall be one hundred percent (100%) of Net Sales of such Licensed Products. Licensee shall be required to re-submit any previously Approved, but non-conforming Materials, to the extent Licensee wishes to subsequently use the same. Licensor may additionally require that any Licensed Product, Packaging or Advertisement be immediately recalled if it believes in its reasonable judgment that any of the foregoing may pose a health or safety hazard, or be detrimental to the goodwill of Licensor, its parent, subsidiaries or affiliated companies.
Nonconformities. If a non-conformance is detected during audit, a Nonconformity Report shall be issued to the client. For the non –conformities raised during the audit client shall submit the correction and the corrective action (based on root cause) to SCPL office within 20 working days from the last day of the audit. SCPL shall verify the submitted correction and the corrective action and confirm the acceptance of the same to the client. Client shall take the correction and corrective action within the stipulated date and submit the documentary evidence to SCPL to verify the effectiveness of action taken and accordingly to close the non -conformances. In case of a Critical non-conformance, the effectiveness of action taken shall be verified at client site by a follow up visit or as communicated by the team leader on the closing day of the audit. This shall be completed within 90 days from the last day of the audit.
a) Client does not submit Corrective Action Plan for the Non Conformity raised within 20 working days as stipulated above
b) In case of Critical Non Conformity the verification of effective of corrective action is not completed within 90 days as stipulated above At the time of the decision making process, if any site has nonconformity pending the certification shall be denied to the whole network pending satisfactory corrective action. It shall not be admissible that, in order to overcome the obstacle raised by the existence of nonconformity at a single site, the organization seeks to exclude from the scope the “problematic site” site during the certification process. If all the sites of an organization where the activity subject to certification is performed are not ready to be submitted for certification at the same time, the organization shall be required to inform SCPL in advance of the sites that it wants to be included in the certification and those which are to be excluded.
Nonconformities. (a) If a milestone fails to conform to the relevant Acceptance Criteria (a "Nonconformity"), Prudential shall notify Service Provider of such fact, describing such Nonconformity. Promptly after receiving such notice, Service Provider shall correct the Nonconformity (and any other problems of which it has knowledge), but in any event within ten (10) Business Days after such notice. Service Provider's efforts to correct a Nonconformity shall be provided at no additional charge to Prudential.
(b) Upon completion of such corrections, Service Provider shall redeliver the milestone to Prudential in accordance with this Section 2.2. This process shall be repeated as necessary until all Nonconformities are corrected and the milestone meets its Acceptance Criteria, or as otherwise provided in this Section 2.2.
(c) If Service Provider has not delivered a milestone conforming to the relevant Acceptance Criteria, then Prudential may, at its option, do any one or more of the following: (i) agree to extend the period of time for Service Provider to correct the Nonconformities and satisfy the Acceptance Criteria in connection with the milestone; or (ii) conditionally accept such milestone upon the condition that Service Provider correct the Nonconformities and satisfy the Acceptance Criteria in accordance with a remediation plan approved in writing by Prudential. In addition, if any other milestones are adversely affected by any such nonconforming milestone, the Parties shall meet and agree on an equitable reduction to the next payment due from Prudential by an amount that shall equitably reflect the reduced value of such other milestones.
(d) After two attempts to correct any Nonconformity in accordance with this Section 2.2, Prudential may accept the milestone in its nonconforming condition, reduce Service Provider's Fees allocated to the affected milestone by an amount that shall equitably reflect the reduced value of such milestone, as agreed upon by the Parties, and pay the reduced amount and, if any related milestones are adversely affected by any such nonconforming milestone and Prudential elects to accept such milestone in its nonconforming condition, then the Parties shall meet and agree on an equitable reduction to the next Fees due to Service Provider by an amount that shall equitably reflect the reduced value of such milestone and such other related milestones.
Nonconformities. In addition to any other obligations of a party under this Agreement, if (i) performance issues are sufficiently serious to threaten Customer’s marketing of the Product or Customer’s reputation, or (ii) any Product presents a previously unforeseen Nonconformity, either party shall be entitled to terminate this Agreement.
Nonconformities. If a nonconforming product is identified, it will be controlled to prevent its unintended use in one of the following ways: by eliminating the detected nonconformity, by authorizing its use under concession, or by taking action to preclude its original intended use or application.
Nonconformities. VENDOR will use commercially reasonable efforts to correct any
Nonconformities. Except as otherwise explicitly set forth herein, Invoice Cloud’s failure to comply with the service level requirements set forth in this Section 10 shall not constitute a breach or default under the Master Agreement. Except where a specific service level credit or penalty is explicitly designated herein, Xxxxxx’x sole and exclusive remedy for nonconformance with the service level agreements set forth in this Section 10 shall be Invoice Cloud’s correction of such nonconformance. Where a specific service level credit or penalty is explicitly designated herein, Xxxxxx’x sole and exclusive remedy for nonconformance with the applicable service level agreement set forth in this Section 10 shall be Invoice Cloud’s issuance of such credit or penalty amount to Xxxxxx.
Nonconformities. Box will use commercially reasonable efforts to correct any nonconformities in the Box Service and Box Software based on the then current applicable specifications set forth in the Documentation following notification from Enterprise Customer of the same. The commercially reasonable efforts that Box uses to correct any conformities in the Box Service will not be less than Box’s commitment in Sections B.4.2 and B.4.3 of the Service Level Commitment.
