Common use of RESPONSIBILITY TO CORRECT DEFICIENCIES Clause in Contracts

RESPONSIBILITY TO CORRECT DEFICIENCIES. It shall be CONSULTANT’s responsibility to correct, in a timely fashion and at CONSULTANT’s sole expense any deficiencies in its Services resulting from CONSULTANT’s failure to act in accordance with the standards set forth in Article 6 (Performance), provided such deficiencies are reported to CONSULTANT within one hundred and twenty (120) days after completion of the Services. If CONSULTANT fails to correct such deficiencies in a timely and proper manner, the COUNTY may elect to have others perform such corrections and the COUNTY may charge any related cost of such corrections to CONSULTANT and/or set-off such amount against any sums otherwise due CONSULTANT. This remedy, if effected, shall not constitute the sole or exclusive remedy afforded the COUNTY for such deficiencies, nor shall it constitute a waiver of the COUNTY’s right to claim damages or otherwise refuse payment or to take any other action provided for by law or pursuant to this Agreement.

Appears in 15 contracts

Samples: Consultant Services Agreement, Consultant Services Agreement, Consultant Services Agreement

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RESPONSIBILITY TO CORRECT DEFICIENCIES. It shall be CONSULTANT’s responsibility to correct, in a timely fashion and at CONSULTANT’s sole expense any deficiencies in its Services resulting from CONSULTANT’s failure to act in accordance with the standards set forth in Article 6 (Performance), provided such deficiencies are reported to CONSULTANT within one hundred and twenty (120) days after completion of the Services. If CONSULTANT fails to correct such deficiencies in a timely and proper manner, the COUNTY may elect to have others perform such corrections and the COUNTY may charge any related cost of such corrections to CONSULTANT and/or set-off such amount against any sums otherwise due CONSULTANT. This remedy, if effected, shall not constitute the sole or exclusive remedy afforded the COUNTY for such deficiencies, nor shall it constitute a waiver of the COUNTY’s ’S right to claim damages or otherwise refuse payment or to take any other action provided for by law or pursuant to this Agreement.

Appears in 4 contracts

Samples: Consultant Services Agreement, Consultant Services Agreement, Consultant Services Agreement

RESPONSIBILITY TO CORRECT DEFICIENCIES. It shall be CONSULTANT’s responsibility to correct, in a timely fashion and at CONSULTANT’s sole expense any deficiencies in its Services resulting from CONSULTANT’s failure to act in accordance with the standards set forth in Article 6 (PerformancePerformance of Services), provided such deficiencies are reported to CONSULTANT within one hundred and twenty (120) days after completion of the Services. If CONSULTANT fails to correct such deficiencies in a timely and proper manner, the COUNTY OCWA may elect to have others perform such corrections and the COUNTY OCWA may charge any related cost of such corrections to CONSULTANT and/or set-off such amount against any sums otherwise due CONSULTANT. This remedy, if effected, shall not constitute the sole or exclusive remedy afforded the COUNTY OCWA for such deficiencies, nor shall it constitute a waiver of the COUNTY’s OCWA’S right to claim damages or otherwise refuse payment or to take any other action provided for by law or pursuant to this Agreement.

Appears in 1 contract

Samples: Consultant Services Agreement

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RESPONSIBILITY TO CORRECT DEFICIENCIES. It shall be CONSULTANTCONTRACTOR’s responsibility to correct, in a timely fashion and at CONSULTANTCONTRACTOR’s sole expense any deficiencies in its Services resulting from CONSULTANTCONTRACTOR’s failure to act in accordance with the standards set forth in Article 6 (PerformancePerformance of Services), provided such deficiencies are reported to CONSULTANT CONTRACTOR within one hundred and twenty (120) days after completion of the Services. If CONSULTANT CONTRACTOR fails to correct such deficiencies in a timely and proper manner, the COUNTY may elect to have others perform such corrections and the COUNTY may charge any related cost of such corrections to CONSULTANT CONTRACTOR and/or set-off such amount against any sums otherwise due CONSULTANTCONTRACTOR. This remedy, if effected, shall not constitute the sole or exclusive remedy afforded the COUNTY for such deficiencies, nor shall it constitute a waiver of the COUNTY’s ’S right to claim damages or otherwise refuse payment or to take any other action provided for by law or pursuant to this Agreement.

Appears in 1 contract

Samples: Contractor Services Agreement

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