Notice of Nonconformance Sample Clauses

Notice of Nonconformance. If the Client observes or becomes aware of any errors or omissions or inconsistencies in any documents provided by the Landscape Architect or any fault or defect in the Project, the Client shall promptly give written notice thereof to the Landscape Architect.
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Notice of Nonconformance. If PRAECIS delivers a Notice of Nonconformance to XXXXXX indicating that a Batch does not conform to the Product Requirements, then XXXXXX will investigate such alleged non-conformity, and: (a) if XXXXXX agrees such Batch is non-conforming, deliver to PRAECIS a corrective action plan within *** after receipt of PRAECIS' Notice of Nonconformance, or such additional time as is reasonably required if such investigation or plan requires data from sources other than PRAECIS or XXXXXX; or (b) if XXXXXX disagrees with PRAECIS' determination that the Batch is non-conforming, then XXXXXX shall so notify PRAECIS by telephone within the *** period and confirm such notice in writing by overnight delivery. CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS (*) DENOTE SUCH OMISSIONS. 14
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Notice of Nonconformance. FSL shall promptly notify Spansion in writing whenever FSL has reason to believe that the Assembly and Test Services may not conform to the Specifications, and upon Spansion’s request, both Parties agree to discuss and agree on the means to address the problem.
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Notice of Nonconformance. The Owner shall notify the Professional immediately if the Owner becomes or is made aware of any fault or defect in the Project or nonconformance by any party with the Contract Documents.
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Notice of Nonconformance. FSL shall promptly notify Spansion in writing whenever FSL has a good faith reasonable basis to believe that the Wafers may not conform to the Specifications, and upon Spansion’s written request, both Parties shall discuss in good faith the means to cure such nonconformance.
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Notice of Nonconformance. Acutus shall inspect the Coating Materials received from Biotectix within thirty (30) days after its receipt thereof. If, upon such inspection, Acutus believes that Coating Materials do not conform to the Coating Material Specifications, Acutus shall notify Biotectix within such thirty (30) days after receipt of Coating Materials. No claim for non-conformance of the Coating Materials shall be honored if Acutus fails to notify Biotectix within that thirty-day period of such non-conformance. Notwithstanding the foregoing, Acutus shall have an ongoing right to reject any Coating Materials after such thirty day period for defects that would not have been readily discoverable from a reasonable inspection or review of the Coating Materials, including any defect determined in accordance with Paragraph 7.c, provided that Acutus notifies Biotectix within fifteen (15) business days after discovery of such defect and the defect occurs within the Shelf Life period specified for the Coating Material. In the event Acutus wishes to reject Coating Materials, Acutus shall send Biotectix a sample of the alleged nonconforming Coating Materials. Subject to the foregoing, Acutus has the right to reject any portion of any shipment that does not conform to the Coating Material Specifications (without invalidating the remainder of the order), provided that such nonconformance was not the direct result of specific written instructions and/or material supplied by Acutus to Biotectix. If Biotectix does not agree with Acutus’ determination regarding non-conformance of the Coating Materials, then after reasonable efforts to resolve the disagreement (but in all cases, within thirty (30) days of Acutus providing notice of rejection), the dispute shall be submitted for determination by an independent laboratory/expert mutually selected by the parties and the decision of such independent laboratory/expert shall be final and binding on the parties with respect to whether there was non-conformance. Biotectix shall provide the independent laboratory/expert access to the Coating Material Specifications, provided that such independent laboratory/expert shall not provide such Coating Material Specifications to Acutus, provide information regarding the chemical composition of the Coating Material to Acutus, or provide information regarding the chemical composition of the SurModics Reagents to Acutus or Biotectix. The costs of the independent laboratory/expert’s fees and the prevailing party’s ou...
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Notice of Nonconformance. A written report issued by Engineer in the event Engineer finds improper work or substandard workmanship in connection with the Task Order.
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Notice of Nonconformance. BUYER shall give prompt written notice to ENGINEER of any fault or defect in the Work. BUYER shall provide ENGINEER with a written notice of the fault or defect, setting forth all basis for its claim. ENGINEER’s sole and exclusive liability shall be to re-perform the specific applicable portion of its Services to the extent required to correct any defects or non-conformances solely caused by ENGINEER. ENGINEER is not responsible for the ultimate cost or production throughput, (including production quantity, quality of performance, or characteristics of ultimate end products) of any Project which may incorporate the Services. ENGINEER is not responsible for any other corrective construction, redesign, "rip and tear", dismantling, removal, reinstallation, re-fabrication, replacement costs, reconstruction or repair. ENGINEER DISCLAIMS, AND BUYER WAIVES, ANY OTHER EXPRESS, STATUTORY OR IMPLIED WARRANTIES OR GUARANTEES WITH RESPECT TO THE SERVICES OR ANY DELIVERABLES, INCLUDING FOR ANY INTENDED OR SUBSEQUENT USE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. BUYER WAIVES AND RELEASES ENGINEER FROM ANY OTHER LIABILITY FOR THE WORK, WHETHER BASED ON NEGLIGENCE OR FAULT OF ANY PERSON, AND WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE RELATING TO THE SERVICES OR THIS AGREEMENT.
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Related to Notice of Nonconformance

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

  • Notice of Non-Compliant Work A Notice of Non-Compliant Work shall be in writing, shall be dated, shall be signed by the Design Professional, and shall be addressed to the Contractor with a copy to the Owner, as set forth in Section 3, Part 4 (Correcting the Work) and Section 6, Part 6 (Correcting the Work after Final Payment).

  • Notice of Non-Compliance If for any reason the Contractor does not comply, or anticipates that it will be unable to comply, with a provision in this Schedule in any respect, the Contractor must promptly notify the Province of the particulars of the non-compliance or anticipated non-compliance and what steps it proposes to take to address, or prevent recurrence of, the non-compliance or anticipated non-compliance.

  • Notice of Non-Renewal Consultant understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Consultant under this agreement be supplemented or continued by Consultant under a new agreement following expiration or termination of this agreement. Consultant waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Consultant following the expiration or termination of this agreement.

  • Inspection and Rejection of Nonconforming Goods The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

  • Notice of Nonpayment The Trustee shall notify the Grantor and the Division by certified mail within 10 days following expiration of the 30-day period after the anniversary of the establishment of the Trust, if no payment is received from the Grantor during that period. After the pay-in period is completed, the Trustee shall not be required to send a notice of nonpayment.

  • Notice of Defects If, based on Consulting Engineer/Architect's involvement during the construction phase, Consulting Engineer/Architect observes or otherwise becomes aware of any defect in the work, he shall give prompt written notice to City of such defects and their approximate location on the Project. However, Consulting Engineer/Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, inspections and programs in connection with the work, since these are solely the contractor's responsibility under the contract for construction. Consulting Engineer/Architect shall not be responsible for the contractor's schedules or failure to carry out the work in accordance with the Contract Documents. Consulting Engineer/Architect shall not have control over or charge of acts or omissions of the contractor, contractor's subcontractors, or their agents or employees.

  • Nonconforming Work 5.6.1 Rejection, Removal and Replacement of Nonconforming Work

  • Notice of Complaints Each Seller shall promptly notify the applicable Purchaser upon becoming aware of any complaint concerning any Serviced Appointment made by any party to the Serviced Corporate Trust Contracts, any Securityholder, any Credit Enhancement Provider or any rating agency.

  • Notice of Material Events The Borrower will notify the Administrative Agent, for distribution to the LC Issuer and each Lender, promptly, and not later than five (5) Business Days in the case of subsection (b) below and not later than ten (10) Business Days in the case of any other subsection below, after any Responsible Officer or general counsel of the Borrower has knowledge thereof, stating that such notice is being given pursuant to this Agreement, of: (a) the occurrence of any event or circumstance that has had, or could reasonably be expected to have, a Material Adverse Effect, (b) the occurrence of any Default, (c) the acceleration of the maturity of any Indebtedness owed by the Borrower or any of its Subsidiaries or of any default by the Borrower or any of its Subsidiaries under any Contractual Obligation of the Borrower or such Subsidiary, if such acceleration or default has had or could reasonably be expected to have a Material Adverse Effect, (d) the occurrence of any Termination Event, (e) the filing of any suit or proceeding, or the assertion in writing of a claim against the Borrower or any Material Subsidiary or with respect to the Borrower’s or any Material Subsidiary’s properties which could reasonably be expected to result in liability to Borrower or such Material Subsidiary in excess of $50,000,000; (f) the occurrence of any event of default by the Borrower or any of its Subsidiaries in the payment or performance of (i) any material obligations such Person is required to pay or perform under the terms of any indenture, mortgage, deed of trust, security agreement, lease, and franchise, or other agreement, contract or other instrument or obligation to which it is a party or by which it or any of its properties is bound, or (ii) any Indebtedness, to the extent, in the case of clauses (i) and (ii), such event of default could reasonably be expected to have a Material Adverse Effect; and (g) any announcement of any change in a Rating. Each notice pursuant to this Section shall be accompanied by a statement of a Responsible Officer of the Borrower setting forth details of the occurrence referred to herein and stating what action the Borrower, Subsidiary or Material Subsidiary, as applicable, has taken and proposes to take with respect thereto. Each notice pursuant to Section 6.03(b) shall describe with particularity any all provisions of this Agreement and if, applicable, other Loan Documents, that have been breached.

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