Obligation To Re-perform. In the event of any breach of this Services Agreement by the Service Provider resulting from any error or defect in the performance of any Service (which breach the Service Provider can reasonably be expected to cure by re-performance in a commercially reasonable manner), the Service Provider shall use its reasonable commercial efforts to correct in all material respects such error, defect or breach or reperform in all material respects such Service at the request of the Receiving Party.
Obligation To Re-perform. In the event of any breach of this Agreement by the Provider with respect to the provision of any Services which the Provider can reasonably be expected to re-perform in a commercially reasonable manner, the Provider shall promptly correct in all material respects such error, defect or breach or re-perform in all material respects such Services at the request of the Recipient and at the sole cost and expense of the Provider. Any request for re-performance in accordance with this Section 6.02 by the Recipient must be in writing and specify in reasonable detail the particular error, defect or breach, and such request must be made no more than one month from the later of (x) the date on which such breach occurred and (y) the date on which such breach was reasonably discovered by the Recipient.
Obligation To Re-perform. In the event of any breach of this Agreement by any provider of Services with respect to the provider’s obligation hereunder to provide any Service (which breach such Service provider can reasonably be expected to remedy through the re-performance of the Service in a commercially reasonable and timely manner), the Service provider will promptly correct in all material respects such breach or re-perform in all material respects such Service, subject to Section 3.2, at the request of the recipient of the Service and at the expense of the Service provider. To be effective, any such request by a recipient of Services must be in a written notice that specifies in reasonable detail the particular error, defect or breach and be delivered to the Service provider no more than sixty (60) days from the date such Service was provided. Notwithstanding anything to the contrary contained in this Agreement (including, without limitation, this Section 3.3 and Section 3.2 above), nothing contained in this Agreement shall be construed to limit PDD’s ability to utilize the Services Fund to secure Services or acquire assets under the circumstances set forth in Exhibit C hereto
Obligation To Re-perform. In the event of any breach of this Agreement by a Party resulting from any error or defect in the performance of any Service (which breach such breaching Party can reasonably be expected to cure by re-performance in a commercially reasonable manner), the breaching Party shall use its commercially reasonable efforts to correct in all material respects such error, defect or breach or re-perform in all material respects such Service upon receipt of the written request of the other Party.
Obligation To Re-perform. EWS warrants that the Maintenance will be performed in a workmanlike and professional manner. In the event EWS has committed any error or defect in the provision of any Maintenance, upon becoming aware of the error or defect, Customer shall promptly notify EWS. EWS shall, at Customer’s reasonable request, promptly make all commercially reasonable efforts to correct such error or defect at EWS’ cost and expense. EWS shall perform its remedial obligations hereunder in a timely manner consistent with Customer’s reasonable requirements. The re-performed Maintenance shall be subject to the same warranties as the original Maintenance. If EWS is unable to remedy the non-conforming Maintenance during a period consistent with Customer’s reasonable requirements, Customer may undertake to remedy the nonconforming Maintenance, and in such case EWS shall reimburse Customer for the reasonable costs Customer incurs.
Obligation To Re-perform. In the event of any breach of this Transition Services Agreement by New NGC with respect to any error or defect in the provision of any Service, New NGC shall, at HII’s request, correct such error or defect or re-perform such Services at the expense of New NGC.
Obligation To Re-perform. In the event of any breach of this Transition Services Agreement by NGSC with respect to any error or defect in the provision of any Service, NGSC shall, at NGSB’s request, correct such error or defect or re-perform such Services at the expense of NGSC.
Obligation To Re-perform. In the event of any breach of this Transition Services Agreement by the Provider with respect to any breach (which breach the Provider can reasonably be expected to re-perform in a commercially reasonable manner) in the provision of any Service, the Provider shall re-perform such Service at the request of the Recipient and at the expense of the Provider. The remedy set forth in this Section 6.03 shall be the only remedy of the Recipient for any such breach. To be effective, any such request by the Recipient must (i) specify in reasonable detail the particular nature of the breach, and (ii) be made no more than thirty (30) days from the date such Service was provided.
Obligation To Re-perform. In the event of any breach of this Agreement by any Service Provider with respect to any error, defect or breach (which error, defect, or breach Service Provider can reasonably be expected to cure by re-performing in a commercially reasonable manner) in the provision of any Service, the Service Provider shall promptly correct in all material respects such error, defect or breach or re-perform in all material respects such Service at the request of the Company and at the expense of the Service Provider. To be effective, any such request for performance by the Company must be in writing that specifies in reasonable detail the particular error, defect or breach and be made no more than two (2) months from the last date such Service was provided.
Obligation To Re-perform. In the event of any breach of this Transition Services Agreement by any Service Provider with respect to any error, defect or breach (which breach Service Provider can reasonably be expected to re-perform or cure in a commercially reasonable manner) in the provision of any Service, Service Provider shall correct in all material respects such error, defect or breach or re-perform in all material respects such Service at the request of ReadyCap and at the expense of the applicable Service Provider. If such error, defect or breach is cured or the Service is re-performed in accordance, and in compliance, with the terms of this Transition Services Agreement, such cure or re-performance shall be the only remedy of the Service Recipient for any such breach other than as expressly provided in Section 6.04. To be effective, any such request by a Service Recipient must (i) specify in reasonable detail the particular error, defect or breach, and (ii) be made no more than one month from the date such Service was, or was to be, provided.
