Remedy Provisions Clause Samples

Remedy Provisions. 59.3.1 Where the Private Party puts forward a programme in accordance with clause 59.2, the Municipality shall have ten (10) Business Days from receipt of the same within which to notify the Private Party that it does not accept the programme, failing which the Municipality shall be deemed to have accepted the programme. The Municipality shall act reasonably in rejecting the programme. Where the Municipality notifies the Private Party that it does not accept the programme, the Parties shall endeavour within the following five (5) Business Days to agree any necessary amendments to the programme put forward. In the absence of agreement within five (5) Business Days, the question of whether the programme (as the same may have been amended by agreement) will remedy the Private Party Default in a reasonable manner and within a reasonable time period (and, if not, what would be a reasonable programme) may be referred by either Party for resolution in accordance with clause 78 (Fast-track Dispute Resolution). 59.3.2 If: (a) the Private Party Default notified in a notice of default is not remedied before the expiry of the period referred to in the notice; or (b) where the Private Party puts forward a programme which has been accepted by the Municipality or has been determined to be reasonable, the Private Party fails to achieve any element of the programme or to complete the programme by the specified end date for the programme (as the case may be); or (c) any programme put forward by the Private Party is rejected by the Municipality as not being reasonable, and the dispute resolution procedure does not find against that rejection, then the Municipality may, subject to the Lenders’ rights under the Direct Financing Agreement, terminate this PPP Agreement in its entirety by written notice to the Private Party with immediate effect; provided that for the purposes of clause 59.4.2 if the Private Party’s execution of the programme is adversely affected by the occurrence of an event of Force Majeure or a Relief Event then, subject to the Private Party complying with the mitigation and other requirements in this PPP Agreement concerning Force Majeure or Relief Events (as the case may be), the time for execution of the programme or any relevant element of it shall be deemed to be extended by a period equal to the delay caused by the Force Majeure event or Relief Event (as the case may be) which is agreed by the Parties or determined in accordance with clause 78 (Fast-tra...

Remedy Provisions. 26.3.1 Where the Private Party puts forward a Remedial Programme in accordance with Clause 26.2.1.3, SANParks shall have 20 (twenty) Business Days from receipt of the same within which to notify the Private Party that it does not accept the Remedial Programme, failing which SANParks shall be deemed to have accepted the Remedial Programme. SANParks shall act reasonably in rejecting the Remedial Programme and shall give reasons for its decision. Where SANParks notifies the Private Party that it does not accept the Remedial Programme, the Parties shall endeavour within the following 5 (five) Business Days to agree any necessary amendments to the Remedial Programme put forward. In the absence of agreement within 5 (five) Business Days, the question of whether the Remedial Programme (as the same may have been amended by agreement) will remedy the Private Party Default in a reasonable manner and within a reasonable time period. 26.3.2 If - 26.3.2.1 the Private Party Default is not remedied before the expiry of the period referred to in the notice; or 26.3.2.2 where the Private Party puts forward a Remedial Programme which has been accepted by SANParks, the Private Party fails to achieve any material element of the Remedial Programme or to complete the Remedial Programme by the specified end date for the Remedial Programme; or 26.3.2.3 any Remedial Programme put forward by the Private Party is rejected by ▇▇▇▇▇▇▇▇ as not being reasonable, and the dispute resolution procedure does not find against that rejection,

Remedy Provisions. In the case of some specific Project Co events of default, the City shall, prior to being entitled to terminate the Project Agreement, give notice of default to Project Co and to any person specified in the relevant lenders’ direct agreement to receive such notice, and Project Co shall, within 5 business days of such notice of default, put forward a reasonable plan and schedule for diligently remedying the Project Co event of default.

Remedy Provisions. 3.1 Where the Operations Subcontractor puts forward a Remedy Programme in compliance with clause 44.2.1(b)(ii), the Private Party shall have 5 Business Days from receipt of the same within which to notify the Operations Subcontractor that it does not accept the Remedy Programme, giving reasons for its decision and acting reasonably, failing which the Private Party shall be deemed to have accepted the Remedy Programme. The Private Party shall act reasonably in rejecting the Remedy Programme. The Private Party shall not reject the Remedy Programme if the Municipality accepts such Remedy Programme (or any programme based thereon) in terms of the PPP Agreement where the Private Party has provided such Remedy Programme to the Municipality in terms of the PPP Agreement. Where the Private Party notifies the Operations Subcontractor that it does not accept the Remedy Programme, the Parties shall endeavour within the following 5 Business Days to meet to discuss any necessary amendments to the Remedy Programme put forward. In the absence of agreement the question of whether the Remedy Programme (as the same may have been amended by agreement) will remedy the Operations Subcontractor Default in a reasonable manner and within a reasonable time period (and, if not, what would be a reasonable programme) may be referred by either Party for resolution in accordance with clause 57.

Remedy Provisions where the Concessionaire puts forward a Remedial Programme in accordance with Clause 26.2.3, iSimangaliso shall have 20 (twenty) Business Days from receipt of the same within which to notify the Concessionaire that it does not accept the Remedial Programme, failing which iSimangaliso shall be deemed to have accepted the Remedial Programme. ISimangaliso shall act reasonably in rejecting the Remedial Programme and shall give reasons for its decision. Where iSimangaliso notifies the Concessionaire that it does not accept the Remedial Programme, the Parties shall endeavour within the following 5 (five) Business Days to agree any necessary amendments to the Remedial Programme put forward. In the absence of agreement within 5 (five) Business Days, the question of whether the Remedial Programme (as the same may have been amended by agreement) will remedy the Concessionaire Default in a reasonable manner and within a reasonable time period. If - 26.3.1. the Concessionaire Default is not remedied before the expiry of the period referred to in the notice; or 26.3.2. where the Concessionaire puts forward a Remedial Programme which has been accepted by iSimangaliso, the Concessionaire fails to achieve any material element of the Remedial Programme or to complete the Remedial Programme by the specified end date for the Remedial Programme; or 26.3.3. any Remedial Programme put forward by the Concessionaire is rejected by iSimangaliso as not being reasonable, and the dispute resolution procedure does not find against that rejection, 26.3.4. then iSimangaliso may terminate this Concession Agreement in its entirety by written notice to the Concessionaire with immediate effect; provided that for the purposes of clause 26 if the Concessionaire’s execution of the Remedial Programme is adversely affected by the occurrence of an event of Force Majeure, subject to the Concessionaire complying with the mitigation and other requirements in this Concession Agreement concerning Force Majeure, the time for execution of the Remedial Programme or any relevant element of it shall be deemed to be extended by a period equal to the delay caused by the Force Majeure event which is agreed by the Parties.

Remedy Provisions. ⯈ In case of claims being justified under this guarantee, SSAB shall at its sole option either: • give a price reduction, fully or partially, taking into consideration the defect and age of the Product, • repair the Product by repainting of the defective sheet, or • replace the Product by delivering new Product free of charge to the buyer. ⯈ The above remedies shall be performed within SSAB’s product range available at the time of remedy, which might cause differences in color compared to the original Product. ⯈ The replacement, repair or refinishing of the Product shall not extend the term of the original guarantee. ⯈ SSAB’s liability under this guarantee is limited to the invoice value of defective Products. ⯈ Unless otherwise stated in this guarantee, SSAB will in no case be responsible for direct or indirect losses or damages due to defect in the Product.

Remedy Provisions. (a) In the case of a Project Co Event of Default referred to in Sections 45.1(a)(i)(B), 45.1 (a) (i)(C), 45.1 (a) (i)(D) (where the Project Co Event of Default referred to in Section 45.1(a)(i)(D) is analogous to a Project Co Event of Default referred to in (a) (i)(C)), 45.1(a)(iii), 45.1(a)(iv), 45.1(a)(vi), 45.1(a)(vii), (a) (viii), 45.1 (a) (ix) (where the Project Co Event of Default referred to in Section 45.1(a)(ix) is capable of being remedied), 45.1(a)(xiv), 45.1(a)(xvi), 45.1(a)(xvii) (where the Project Co Event of Default referred to in Section 45.1(a)(xvii) is not in

Remedy Provisions