Common use of RESPONSIBILITY TO CORRECT DEFICIENCIES Clause in Contracts

RESPONSIBILITY TO CORRECT DEFICIENCIES. It shall be the Town’s responsibility to correct, in a timely fashion and at the Town’s sole expense, any deficiencies in its Services resulting from the Town’s failure to act in accordance with the standards set forth in Article 7 (Performance) and Schedule A, provided such deficiencies are reported to the Town within one hundred twenty (120) days after completion and final acceptance of the Services. If the Town fails to correct such deficiencies in a timely and proper manner, the XXXXX may elect to have others perform such corrections, and the XXXXX may charge any related cost of such corrections to the Town and/or set-off such amount against any sums otherwise due to the Town. These remedies, if effected, shall not constitute the sole or exclusive remedies afforded to the XXXXX for such deficiencies, nor shall they constitute a waiver of the XXXXX’x right to claim damages or otherwise refuse payment, or to take any other action provided for by law, in equity, or pursuant to this Agreement.

RESPONSIBILITY TO CORRECT DEFICIENCIES. It shall be the TownVillage’s responsibility to correct, in a timely fashion and at the TownVillage’s sole expense, any deficiencies in its Services resulting from the TownVillage’s failure to act in accordance with the standards set forth in Article 7 (Performance) and Schedule A, provided such deficiencies are reported to the Town Village within one hundred twenty (120) days after completion and final acceptance of the Services. If the Town Village fails to correct such deficiencies in a timely and proper manner, the XXXXX may elect to have others perform such corrections, and the XXXXX may charge any related cost of such corrections to the Town Village and/or set-off such amount against any sums otherwise due to the TownVillage. These remedies, if effected, shall not constitute the sole or exclusive remedies afforded to the XXXXX for such deficiencies, nor shall they constitute a waiver of the XXXXX’x right to claim damages or otherwise refuse payment, or to take any other action provided for by law, in equity, or pursuant to this Agreement.