Common use of Right to Remedy Clause in Contracts

Right to Remedy. If the Supplier does not timely modify, adjust, repair or replace defective or inadequate Services or Products within 5 days written notice of such defect/inadequacy, or if any emergency exists rendering it impossible or impractical for Domtar to have the replacement Product or remedial Services performed by the Supplier, then Domtar, after notice to the Supplier, may at its option and without prejudice to any other rights or remedies that may be available to it, make or cause to be made such modification, adjustment, repair or replacement, in which case the Supplier will reimburse Domtar for its actual costs or, at Domtar’s option, Domtar can offset the costs from any amounts owing to Supplier.

Right to Remedy. If the Supplier does not timely modify, adjust, repair or replace defective or inadequate Products/Services or Products within 5 business days written notice of such defect/inadequacy, or if any emergency exists rendering it impossible or is impractical for Domtar to have the replacement Product or remedial Services performed by the Supplier, then Domtar, after notice to the Supplier, may at its option and without prejudice to any other rights or remedies that which may be available to it, make or cause to be made such modification, adjustment, repair or replacement, in which case the Supplier will reimburse Domtar for its actual costs or, at Domtar’s option, Domtar can offset the costs from cost against any amounts amount owing to Supplier.