Common use of Rectification of Defects Clause in Contracts

Rectification of Defects. (a) Save and except as otherwise expressly provided in this Agreement, if the Project or any part thereof shall suffer any loss or damage during the Concession Period, from any cause whatsoever, the Concessionaire shall, at its cost and expense rectify and remedy such loss or damage in a manner so as to make the Project conform in every respect to the Specifications and Standards, quality and performance as prescribed by this Agreement. (b) In the event the Concessionaire does not maintain and/ or repair the Project or part thereof up to and in accordance with the Specifications and Standards and / or in accordance with the Maintenance Programme or the Maintenance Manual or the O&M Inspection Report, as the case may be, and shall have failed to commence remedial works within (7) Seven days of notice in this behalf from ITEL, ITEL shall, without prejudice to its rights/remedies under this Agreement, including Termination, be entitled to undertake to cause the repair and maintenance of the Project at the risk and cost of the Concessionaire. The Concessionaire shall reimburse to ITEL within seven days of demand the costs and expenses incurred by ITEL for undertaking such repairs and maintenance. (c) If the Concessionaire commences any works for curing any defects or deficiencies in the Project, it shall complete such works expeditiously in accordance with Good Industry Practice. (d) The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available on account of any of the following, for the duration thereof: (i) Force Majeure Event; (ii) compliance with a request from ITEL or the directions of any Government Agency the effect of which is to close all or any part of the Project. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project for use provided they can be safely operated and kept open for users.

Rectification of Defects. 10.1 Without derogating from any provision or right contained in the CPA or any other law, the Purchaser shall, within a period of 14 (afourteen) Save days from the date of actual occupation of the Section, provide the Seller with a written list of defects in respect of the Section, failing which the Purchaser shall be deemed to have inspected and except accepted the Section in good order and condition. 10.2 The Seller’s obligations in terms of 10.1 above shall only apply in respect of defects arising as otherwise expressly provided a result of faulty workmanship and/or materials and shall not apply in respect of other defects or leaks howsoever arising. 10.3 The Seller shall cause repairs to be made in respect of the listed defects within 30 (thirty) days after receipt of the said list of defects, it being specifically recorded that the Seller, and all persons appointed and/or authorized by the Seller, shall be entitled to enter/access the Section for the purposes of effecting the said repairs. 10.4 In the event of a dispute arising as to whether the Seller has rectified such defects, a certificate issued by the Architect or Engineer certifying that such defects have indeed been rectified shall be final and binding on the parties and shall relieve the Seller from any further obligations in respect of the said list of defects. 10.5 The Purchaser acknowledges that he may suffer inconvenience from building operations conducted upon xxxxx being sold by the Seller in the immediate surrounds and from noise and dust resulting therefrom, or, alternatively, from the installation of services in the event of the Seller phasing the installation of the required services and the Purchaser shall have no claim whatsoever against the Seller, nor shall the Purchaser be entitled to the cancellation of this Agreement or any reduction in the purchase price or interest thereon by reason of such inconvenience. 10.6 In terms of Section 13(2)(a) of the HCPM Act, the Seller warrants that: 10.6.1 The Section shall be enrolled with the National Home Builders Registration Council (“NHBRC”); 10.6.2 The Section shall be constructed in a workmanlike manner; 10.6.3 The Section shall be fit for occupation; and 10.6.4 The Section shall be constructed in accordance with terms, plans and specifications as contained in this Agreement, if Agreement and the Project or any part thereof shall suffer any loss or damage during NHBRC Technical Requirements to the Concession Period, from any cause whatsoeverextent applicable at the date of enrollment of the Section with the NHBRC. 10.7 In terms of Section 13(2)(b)of the HCPM Act, the Concessionaire shallSeller undertakes, at its cost cost, to: 10.7.1 rectify major structural defects in the Section caused by non-compliance with the NHBRC Technical Requirements occurring within a period of no more than 5 (five) years from the actual date of occupation of the Section, provided that the Seller is notified by the Purchaser within the aforementioned period; and 10.7.2 repair roof leaks attributable to workmanship, design or materials occurring and expense rectify and remedy such loss or damage in a manner so as to make the Project conform in every respect notified to the Specifications and Standards, quality and performance as prescribed Seller by this Agreementthe Purchaser within a period of 12 (twelve) months from the actual date of occupation of the Section. (b) In the event the Concessionaire does not maintain and/ or repair the Project or part thereof up to and in accordance with the Specifications and Standards and / or in accordance with the Maintenance Programme or the Maintenance Manual or the O&M Inspection Report, as the case may be, and shall have failed to commence remedial works within (7) Seven days of notice 10.8 Notwithstanding anything contained in this behalf from ITELAgreement to the contrary, ITEL shall, without prejudice to its rights/remedies under this Agreement, including Termination, be entitled to undertake to cause the repair and maintenance of the Project at the risk and cost of the Concessionaire. The Concessionaire shall reimburse to ITEL within seven days of demand the costs and expenses incurred by ITEL for undertaking such repairs and maintenance. (c) If the Concessionaire commences any works for curing any defects or deficiencies in the Project, it shall complete such works expeditiously in accordance with Good Industry Practice. (d) The Concessionaire Seller shall not be considered liable for defects in breach of its obligations under this Agreement if any part of the Project is not available on account of any of the following, for the duration thereofSection in respect of: (i) Force Majeure Event;10.8.1 any damage or defects not having been caused by the Seller or its agents; and (ii) compliance with a request 10.8.2 damage or defects caused by stormwater, rainwater, shrinkage, hairline cracks in plaster work and normal wear and tear resulting from ITEL general use or neglect by the directions of any Government Agency the effect of which is to close all or any part of the Project. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project for use provided they can be safely operated and kept open for usersPurchaser.

Rectification of Defects. 10.1 Without derogating from any provision or right contained in the CPA or any other law, the Purchaser shall, within a period of 14 (afourteen) Save days from the date of actual occupation of the Property, provide the Seller with a written list of defects in respect of the Property, failing which the Purchaser shall be deemed to have inspected and except accepted the Property in good order and condition. 10.2 The Seller’s obligations in terms of 10.1 above shall only apply in respect of defects arising as otherwise expressly provided a result of faulty workmanship and/or materials and shall not apply in respect of other defects or leaks howsoever arising. 10.3 The Seller shall cause repairs to be made in respect of the listed defects within 30 (thirty) days after receipt of the said list of defects, it being specifically recorded that the Seller, and all persons appointed and/or authorized by the Seller, shall be entitled to enter/access the Property for the purposes of effecting the said repairs. 10.4 In the event of a dispute arising as to whether the Seller has rectified such defects, a certificate issued by the Architect or Engineer certifying that such defects have indeed been rectified shall be final and binding on the parties and shall relieve the Seller from any further obligations in respect of the said list of defects. 10.5 The Purchaser acknowledges that he may suffer inconvenience from building operations conducted upon xxxxx being sold by the Seller in the immediate surrounds and from noise and dust resulting therefrom, or, alternatively, from the installation of services in the event of the Seller phasing the installation of the required services and the Purchaser shall have no claim whatsoever against the Seller, nor shall the Purchaser be entitled to the cancellation of this Agreement or any reduction in the purchase price or interest thereon by reason of such inconvenience. 10.6 In terms of Section 13(2)(a) of the HCPM Act, the Seller warrants that: 10.6.1 The Property shall be enrolled with the National Home Builders Registration Council (“NHBRC”); 10.6.2 The Property shall be constructed in a workmanlike manner; 10.6.3 The Property shall be fit for occupation; and 10.6.4 The Property shall be constructed in accordance with terms, plans and specifications as contained in this Agreement, if Agreement and the Project or any part thereof shall suffer any loss or damage during NHBRC Technical Requirements to the Concession Period, from any cause whatsoeverextent applicable at the date of enrollment of the Property with the NHBRC. 10.7 In terms of Section 13(2)(b)of the HCPM Act, the Concessionaire shallSeller undertakes, at its cost cost, to: 10.7.1 rectify major structural defects in the Property caused by non-compliance with the NHBRC Technical Requirements occurring within a period of no more than 5 (five) years from the actual date of occupation of the Property, provided that the Seller is notified by the Purchaser within the aforementioned period; and 10.7.2 repair roof leaks attributable to workmanship, design or materials occurring and expense rectify and remedy such loss or damage in a manner so as to make the Project conform in every respect notified to the Specifications and Standards, quality and performance as prescribed Seller by this Agreementthe Purchaser within a period of 12 (twelve) months from the actual date of occupation of the Property. (b) In the event the Concessionaire does not maintain and/ or repair the Project or part thereof up to and in accordance with the Specifications and Standards and / or in accordance with the Maintenance Programme or the Maintenance Manual or the O&M Inspection Report, as the case may be, and shall have failed to commence remedial works within (7) Seven days of notice 10.8 Notwithstanding anything contained in this behalf from ITELAgreement to the contrary, ITEL shall, without prejudice to its rights/remedies under this Agreement, including Termination, be entitled to undertake to cause the repair and maintenance of the Project at the risk and cost of the Concessionaire. The Concessionaire shall reimburse to ITEL within seven days of demand the costs and expenses incurred by ITEL for undertaking such repairs and maintenance. (c) If the Concessionaire commences any works for curing any defects or deficiencies in the Project, it shall complete such works expeditiously in accordance with Good Industry Practice. (d) The Concessionaire Seller shall not be considered liable for defects in breach of its obligations under this Agreement if any part of the Project is not available on account of any of the following, for the duration thereofProperty in respect of: (i) Force Majeure Event;10.8.1 any damage or defects not having been caused by the Seller or its agents; and (ii) compliance with a request 10.8.2 damage or defects caused by stormwater, rainwater, shrinkage, hairline cracks in plaster work and normal wear and tear resulting from ITEL general use or neglect by the directions of any Government Agency the effect of which is to close all or any part of the Project. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project for use provided they can be safely operated and kept open for usersPurchaser.

Rectification of Defects. (a) Save and except as otherwise expressly provided in this Agreement, if the Project or any part thereof shall suffer any loss or damage during the Concession Agreement Period, from any cause whatsoever, the Concessionaire shall, at its cost and expense rectify and remedy such loss or damage in a manner so as to make the Project conform in every respect to the Specifications and Standards, quality and performance as prescribed by this Agreement. (b) In the event the Concessionaire does not maintain and/ or and/or repair the Project or part thereof up to and in accordance with the Specifications and Standards and / or and/or in accordance with the Maintenance Programme or the Maintenance Manual or the O&M Inspection Report, as the case may be, and shall have failed to commence remedial works within (7) Seven days of notice in this behalf from ITELDTIDCL, ITEL DTIDCL shall, without prejudice to its rights/remedies under this Agreement, including Termination, be entitled to undertake to cause the repair and maintenance of the Project at the risk and cost of the Concessionaire. The Concessionaire shall reimburse to ITEL DTIDCL within seven days of demand the costs and expenses incurred by ITEL DTIDCL for undertaking such repairs and maintenance. (c) If the Concessionaire commences any works for curing any defects or deficiencies in the Project, it shall complete such works expeditiously in accordance with Good Industry Practice. (d) The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available on account of any of the following, for the duration thereof: (i) Force Majeure Event; (ii) compliance with a request from ITEL or the directions of any Government Agency the effect of which is to close all or any part of the Project. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project for use provided they can be safely operated and kept open for users.

Rectification of Defects. If the Builder is liable for Defects as aforesaid, its obligations shall be as follows: (a) Save and except as otherwise expressly provided in this AgreementThe Builder shall make any necessary repairs or replacements to rectify the Defect, if or cause the Project or any part thereof shall suffer any loss or damage during the Concession Period, from any cause whatsoever, the Concessionaire shall, Defect to be rectified at its cost and expense rectify and remedy such loss or damage in a manner so as to make the Project conform in every respect own cost, and, to the Specifications extent not covered by Buyer’s insurance, provided always that the Buyer is in full compliance with all covenants and Standardswarranties in such insurance policy when the Defect occurs, quality any damage to the Vessel’s part(s) that has been damaged as a direct and performance immediate consequence of such Defect without any intermediate cause, ; provided, however, that the amount of any damage to the Vessel subject to a deductible under the applicable Buyer insurance policy shall not be regarded as prescribed by “covered” for purposes of this Agreementprovision. The Builder shall in any event not be liable for any consequential damage as stated herein over and above [*]. The Builder shall have no other liability whatsoever for any damage or loss caused as a consequence of the Defect. (b) The repairs, replacements and/or rectifications shall be made at the Builder’s yard. However, if it is impractical to bring the Vessel to the Builder’s yard or if the Builder cannot supply the necessary replacement parts, material or labor without undue delay to the Vessel, the Buyer may, after having notified the Builder in writing, cause the necessary repairs, replacements and/or rectifications to be carried out elsewhere. In such case, the event the Concessionaire does not maintain and/ or repair the Project or part thereof up to and in accordance with the Specifications and Standards and / or in accordance with the Maintenance Programme or the Maintenance Manual or the O&M Inspection Report, as the case may be, and Builder shall have failed to commence remedial works within (7) Seven days of notice in this behalf from ITEL, ITEL shall, without prejudice to at its rights/remedies under this Agreement, including Termination, own cost be entitled to undertake forward necessary replacement parts or materials. The Builder’s liability shall in such case be limited to cause pay the cost of repairs and replacements including travelling and forwarding expenses (unless such costs and/or expenses have been paid by Subcontractors), but always limited to the price of the work which the Builder would normally charge at its yard as documented by Builder’s books and records. Upon such payment, the Builder shall immediately be discharged from any further guarantee obligation in respect of – and to the extent of – any such repairs or replacements performed by any other yard or supplier; provided that in the event operational necessities or a lack of required parts or labor are such that the repair and maintenance or replacement is of a temporary or partial nature, the Builder shall have no responsibility for the quality of the Project at parts or workmanship provided by such other yard or supplier but shall retain responsibility to provide for the risk and cost full repair, replacement or other rectification of the Concessionairesubject Defect (and subject to clause 3(a) above, any attendant consequential damage). The Concessionaire In any case, the Builder shall reimburse co-operate with the Buyer to ITEL within seven days of demand the costs and expenses incurred by ITEL for undertaking such repairs and maintenance.find proper solutions to rectify any Defect subject to Builder’s guarantee obligations under this Article X. (c) If The Vessel shall in any case be taken at the Concessionaire commences any works Buyer’s cost and expense to the place elected for curing any defects or deficiencies in guarantee work, ready for the Projectnecessary repairs, it shall complete such works expeditiously in accordance with Good Industry Practicereplacements and/or rectifications. (d) The Concessionaire Builder shall not be considered in breach of its obligations under this Agreement if have the ownership to all replaced parts. The Buyer shall return any part of such parts to the Project is not available on account of any of the following, for the duration thereof: (i) Force Majeure Event; (ii) compliance with a Builder at Builder’s request from ITEL or the directions of any Government Agency the effect of which is to close all or any part of the Project. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project for use provided they can be safely operated and kept open for usersat Builder’s expense.

Rectification of Defects. If the Builder is liable for Defects as aforesaid, its obligations shall be as follows: (a) Save and except as otherwise expressly provided in this AgreementThe Builder shall make any necessary repairs or replacements to rectify the Defect, if or cause the Project or any part thereof shall suffer any loss or damage during the Concession Period, from any cause whatsoever, the Concessionaire shall, Defect to be rectified at its cost and expense rectify and remedy such loss or damage in a manner so as to make the Project conform in every respect own cost, and, to the Specifications extent not covered by Buyer’s insurance, provided always that the Buyer is in full compliance with all covenants and Standardswarranties in such insurance policy when the Defect occurs, quality any damage to the Vessel’s part(s) that has been damaged as a direct and performance immediate consequence of such Defect without any intermediate cause; provided, however, that the amount of any damage to the Vessel subject to a deductible under the applicable Buyer insurance policy shall not be regarded as prescribed by “covered” for purposes of this Agreementprovision. The Builder shall in any event not be liable for any consequential damage as stated herein over and above [*]. The Builder shall have no other liability whatsoever for any damage or loss caused as a consequence of the Defect. (b) The repairs, replacements and/or rectifications shall be made at the Builder’s Shipyard. However, if it is impractical to bring the Vessel to the Builder’s Shipyard or if the Builder cannot supply the necessary replacement parts, material or labor without undue delay to the Vessel, the Buyer may, after having notified the Builder in writing, cause the necessary repairs, replacements and/or rectifications to be carried out elsewhere. In such case, the event the Concessionaire does not maintain and/ or repair the Project or part thereof up to and in accordance with the Specifications and Standards and / or in accordance with the Maintenance Programme or the Maintenance Manual or the O&M Inspection Report, as the case may be, and Builder shall have failed to commence remedial works within (7) Seven days of notice in this behalf from ITEL, ITEL shall, without prejudice to at its rights/remedies under this Agreement, including Termination, own cost be entitled to undertake forward necessary replacement parts or materials. The Builder’s liability shall in such case be limited to cause pay the cost of repairs and replacements including travelling and forwarding expenses (unless such costs and/or expenses have been paid by Subcontractors), but always limited to the price of the work which the Builder would normally charge at its yard as documented by Builder’s books and records. Upon such payment, the Builder shall immediately be discharged from any further guarantee obligation in respect of and to the extent of — any such repairs or replacements performed by any other yard or supplier; provided that in the event operational necessities or a lack of required parts or labor are such that the repair and maintenance or replacement is of a temporary or partial nature, the Builder shall have no responsibility for the quality of the Project at parts or workmanship provided by such other yard or supplier but shall retain responsibility to provide for the risk and cost full repair, replacement or other rectification of the Concessionairesubject Defect (and subject to clause 3(a) above, any attendant consequential damage). The Concessionaire In any case, the Builder shall reimburse co-operate with the Buyer to ITEL within seven days of demand the costs and expenses incurred by ITEL for undertaking such repairs and maintenance.find proper solutions to rectify any Defect subject to Builder’s guarantee obligations under this Article X. (c) If The Vessel shall in any case be taken at the Concessionaire commences any works Buyer’s cost and expense to the place elected for curing any defects or deficiencies in guarantee work, ready for the Projectnecessary repairs, it shall complete such works expeditiously in accordance with Good Industry Practicereplacements and/or rectifications. (d) The Concessionaire Builder shall not be considered in breach of its obligations under this Agreement if have the ownership to all replaced parts. The Buyer shall return any part of such parts to the Project is not available on account of any of the following, for the duration thereof: (i) Force Majeure Event; (ii) compliance with a Builder at Builder’s request from ITEL or the directions of any Government Agency the effect of which is to close all or any part of the Project. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project for use provided they can be safely operated and kept open for usersat Builder’s expense.

Rectification of Defects. (a) Save and except as otherwise expressly provided in this Agreement, if the Project or any part thereof shall suffer any loss or damage during the Concession Period, from any cause whatsoever, the Concessionaire shall, at its cost and expense rectify and remedy such loss or damage in a manner so as to make the Project conform in every respect to the Specifications and Standards, quality and performance as prescribed by this Agreement. (b) In the event the Concessionaire does not maintain and/ or repair the Project or part thereof up to and in accordance with the Specifications and Standards and / or in accordance with the Maintenance Programme or the Maintenance Manual or the O&M Inspection Report, as the case may be, and shall have failed fails to commence remedial works within (72) Seven Two days of notice in this behalf from ITELnotice, ITEL shalla penalty as per the provisions of RFP will be impose upon the concessionaire. Concessionaire further fails to commence remedial work even after the period of 15 days, NMMT shall without prejudice to its rights/rights / remedies under this Agreement, including Termination, be entitled to undertake to cause the repair and maintenance of the Project at the risk and cost of the Concessionaire. The Concessionaire shall shall, reimburse to ITEL NMMT within seven days of demand the costs and expenses incurred by ITEL including 24.50% supervision charges for undertaking such repairs and maintenance. (c) If the Concessionaire commences any works for curing any defects or defector deficiencies in the Project, it shall complete such works expeditiously in accordance with Good Industry Practice. (d) The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available on account of any of the following, for the duration thereof: (i) Force Majeure Event; (ii) compliance Compliance with a request from ITEL NMMT or the directions of any Government Agency the effect of which is to close all or any part of the Project. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project for use provided they can be safely operated and kept open for users.

Rectification of Defects. (a) Save and except as otherwise expressly provided in this Agreement, if the Project or any part thereof shall suffer any loss or damage during the Concession Period, from any cause whatsoever, the Concessionaire shall, at its cost and expense rectify and remedy such loss or damage in a manner so as to make the Project conform in every respect to the Specifications and Standards, quality and performance as prescribed by this Agreement. (b) In the event the Concessionaire does not maintain and/ or repair the Project or part thereof up to and in accordance with the Specifications and Standards and / or in accordance with the Maintenance Programme or the Maintenance Manual or the O&M Inspection Report, as the case may be, and shall have failed to commence remedial works within (7) Seven days of notice in this behalf from ITELBSCDCL, ITEL BSCDCL shall, without prejudice to its rights/remedies under this Agreement, including Termination, be entitled to undertake to cause the repair and maintenance of the Project at the risk and cost of the Concessionaire. The Concessionaire shall reimburse to ITEL BSCDCL within seven days of demand the costs and expenses incurred by ITEL BSCDCL for undertaking such repairs and maintenance. (c) If the Concessionaire commences any works for curing any defects or deficiencies in the Project, it shall complete such works expeditiously in accordance with Good Industry Practice. (d) The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available on account of any of the following, for the duration thereof: (i) Force Majeure Event; (ii) compliance with a request from ITEL BSCDCL or the directions of any Government Agency the effect of which is to close all or any part of the Project. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project for use provided they can be safely operated and kept open for users.