Common use of Notwithstanding Clauses 7 Clause in Contracts

Notwithstanding Clauses 7. 1 and 7.2, any payment made to the Contractor by the Institution shall not prejudice the Institution’s right to reject Goods and/or Services (where applicable) that do not comply with the provisions of this Contract or the Contractor's responsibility to replace and re-perform Goods and Services (where applicable), respectively, which are defective. The Institution reserves the right to reject any claim for payment (whether in whole or in part) that it determines in its sole and absolute discretion not to be in accordance with the provisions of this Contract. For the purposes of this Contract, “defective” includes Goods that are found on delivery to be faulty, non-functioning, damaged or in any way inferior to approved samples.

Notwithstanding Clauses 7. 1 and 7.2, any payment made to the Contractor by the Institution shall not prejudice the Institution’s right to reject Goods Goods, Equipment and/or Services (where applicable) that do not comply with the provisions of this Contract or the Contractor's responsibility to replace and re-perform Goods and Goods, Equipment and/or Services (where applicable), respectively, which are defective. The Institution reserves the right to reject any claim for payment (whether in whole or in part) that it determines in its sole and absolute discretion not to be in accordance with the provisions of this Contract. For the purposes of this Contract, “defective” includes Goods or Equipment that are found on delivery to be faulty, non-functioning, damaged or in any way inferior to approved samplessamples and trial units.