Common use of Repeat Attempts Clause in Contracts

Repeat Attempts. If DBS fails to correct a Deviation listed in a Deficiency Report (provided pursuant to Clause 8.1 or Clause 8.4) on the first try, DBS will not be entitled to charge for further work required to correct the Deviation. Notwithstanding the foregoing, DBS will not charge any additional fee for any work required to correct a Deviation in a Deliverable to the extent that the Development Parties are paying a fixed fee for such Deliverable. Should DBS fail to cure a Deviation within a reasonable time, the members of the LLC Group may subcontract the work to a third party, and DBS will return any remuneration already received for the Deliverable to the extent that the DBS work cannot reasonably be used. DBS will cooperate with the new subcontractor. The liability of DBS to make payments under this Clause 8.2 is limited to the amount which DBS received for the corresponding work.

Repeat Attempts. If DBS fails to correct a Deviation listed in a Deficiency Report (provided pursuant to Clause 8.1 or Clause 8.4) on the first try, DBS will not be entitled to charge for further work required to correct the Deviation. Notwithstanding the foregoing, DBS will not charge any additional fee for any work required to correct a Deviation in a Deliverable to the extent that the Development Parties are paying a fixed fee for such Deliverable. Should DBS fail to cure a Deviation within a reasonable time, the members of the LLC Group may subcontract the work to a third partyparty(without going through the procedures in Clause 2.6), and DBS will return any remuneration already received for the Deliverable to the extent that the DBS work cannot reasonably be used. DBS will cooperate with the new subcontractor. The liability of DBS to make payments under this Clause 8.2 is limited to the amount which DBS received for the corresponding work.