REMEDYING Sample Clauses

REMEDYING. For those parts of the system that are covered by the maintenance scheme, the supplier shall remedy any defects as an element of this scheme in accordance with clause 13 and Appendix 7. To the extent that such remedy obligation is differentiated between the supplier's own goods and services and those of the supplier's subcontractors, this appears from Appendix 7. For other parts of the system, the supplier shall arrange for defects to be remedied in case this is necessary in order for the service level test to be passed, or in case a complaint is made about a defect within the warranty period.
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REMEDYING. The customer may demand remedial action or supplementary delivery. Remedial action or supplementary delivery must take place as soon as possible after the customer has made the demand and no later than the agreed date hereof. Upon completion of corrective action, the service provider must notify the customer accordingly. Penalty for not achieving service levels If the service levels in annex 8 are not achieved, the service provider must pay a penalty in accordance with the principles set out in annex 8. The total penalty for failure to achieve service levels for any one month shall not exceed 500 EUR per month. Accrued penalty will be payable monthly upon demand submitted by notice from the customer. If the service provider does not receive such notice from the customer within 12 months from the end of a month, the customer’s penalty entitlement for that month will lapse. Other remedies available to customer The customer may terminate the agreement, if the services delivered possess such material defects that the services are of considerably reduced or no value to the customer, and the service provider either does not carry out the sufficient corrective actions, has tried remedial actions in vain in more than 30 working days after receiving the customer's notice of the defect, or acknowledges that further corrective actions are futile. The customer is entitled to limit such termination to a part of the agreement. Furthermore, the customer is entitled to fully or partially terminate the agreement if the service provider’s deliveries are repeatedly defective during the contractual period. Other material breaches The customer may terminate the agreement for material breach. The customer may limit termination to a part of the agreement. The following circumstances shall always be deemed to constitute material breach: The service provider’s bankruptcy, unless the bankrupt estate announces, without undue delay following a written application from the customer, that the estate will become a party to the agreement. The service provider's suspension of payments, opening of composition negotiations or a substantial deterioration of the service provider’s financial position in general, endangering the proper performance of the agreement. The service provider's discontinuance of the business to which the agreement relates, or the occurrence of any other circumstances seriously endangering the proper performance of the agreement. The service provider's breach of the ru...
Sample 1
REMEDYING. For the parts of the Delivery which are covered by the maintenance plan, the Supplier shall remedy any Faults in the Delivery in pursuance of the said plan as specified in clauses 11 and 13 and Appendix 5. For the other services, the Supplier shall arrange for any Faults to be remedied if neces- sary to pass the service level test, or if notice of a Fault is given within the warranty pe- riod. Upon completion of corrective action, the Supplier must notify the Customer accordingly. Any disagreement as to whether the Supplier’s corrective action is adequate must be re- solved in accordance with clause 27.2. In addition, reference is made to the limitations of the Supplier’s duty to undertake cor- rective action in relation to third-party products as set out in clause 17.5.
Sample 1

Related to REMEDYING

  • Cure If the Borrower and the Administrative Agent, each Facing Agent and the Swing Line Lender agree in writing in their discretion that a Revolving Lender that is an Impaired Lender should no longer be deemed to be an Impaired Lender, the Administrative Agent will so notify the Borrower and the Revolving Lenders, whereupon as of the effective date specified in such notice, such Revolving Lender will, to the extent applicable, purchase such portion of outstanding Revolving Loans of the other Revolving Lenders (or the other Revolving Lenders will purchase from the formerly Impaired Lender) and/or make such other adjustments as the Administrative Agent may reasonably determine to be necessary to cause such Revolving Lender’s Pro Rata Share to be on a pro rata basis in accordance with its Revolving Commitment, whereupon such Revolving Lender will cease to be an Impaired Lender and will be a Non-Impaired Lender; provided, that no adjustments will be made retroactively with respect to fees accrued or payments made by or on behalf of the Borrower while such Revolving Lender was an Impaired Lender; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Impaired Lender to Non-Impaired Lender will constitute a waiver or release of any claim of any party hereunder arising from such Revolving Lender having been an Impaired Lender.

  • Curing 13.1 Effective curing shall be needed to prevent the loss of moisture from the concrete whilst maintaining a satisfactory temperature regime. The curing regime is to prevent the development of high temperature gradients within the concrete.

  • Correction No corrections shall be made in the tender documents. Any corrections that are to be made shall be made by crossing the incorrect portion and writing the correct portions above with the initials of tenderer.

  • Rectification Where the surface irregularity of sub-grade and the various pavement course fall outside the specified tolerances contractor shall be liable .to rectify these in the manner described below and to the satisfaction of the Engineer - in-charge. .

  • Contractor Default Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

  • Tea Breaks (a) Every employee will be entitled to a paid 10 minute tea break in each four hours worked at a time to be agreed between the employee and employer. (b) Subject to agreement between the employer and employee, such breaks may alternatively be taken as one 20 minute tea break. (c) Xxx breaks will count as time worked.

  • Lunch Breaks The lunch break will consist of a one-half hour (or one hour where scheduled) unpaid break taken mid-way during regular work day. In the event that an employee is required to work during his regular lunch period he shall be allowed a one-half hour lunch period between the hours of ll:30 a.m. and l:00 p.m., otherwise he shall be paid double time for working through said lunch period.

  • Epidemic Failure Remedy If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether DXC initiates a field stocking recall or customer-based recall or retrofit, including Products in distributor inventory and DXC’s installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority. DXC reserves the right to procure, upon terms it deems appropriate, similar products to substitute the affected Products, and Supplier shall promptly reimburse DXC for all costs, charges, prices and fees paid in purchasing the substitute products.

  • Security Breach In the event that Seller discovers or is notified of a breach, potential breach of security, or security incident at Seller's Facility or of Seller's systems, Seller shall immediately (i) notify Company of such potential, suspected or actual security breach, whether or not such breach has compromised any of Company's confidential information; (ii) investigate and promptly remediate the effects of the breach, whether or not the breach was caused by Seller; (iii) cooperate with Company with respect to any such breach or unauthorized access or use; (iv) comply with all applicable privacy and data protection laws governing Company's or any other individual's or entity's data; and (v) to the extent such breach was caused by Seller, provide Company with reasonable assurances satisfactory to Company that such breach, potential breach, or security incident shall not recur. Seller shall provide documentation to Company evidencing the length and impact of the breach. Any remediation of any such breach will be at Seller's sole expense.

  • Security Breaches In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential. You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security. We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.

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