Common use of State's Remedies for Substandard Performance Clause in Contracts

State's Remedies for Substandard Performance. Upon notice of substandard performance of Services revealed during or after the construction of the project, Consultant shall re-perform the Services at no cost to State. Further, Consultant shall reimburse State for any costs incurred by State for necessary remedial work. Consultant shall respond to State's notice of any errors, omissions, or negligence within twenty-four (24) hours and give immediate attention to necessary corrections to minimize any delays to the project. This may involve visits by Consultant to the project site, if directed by State. If Consultant discovers errors, omissions, or negligence in its Services, Consultant shall notify State of the errors within three (3) business days. Failure of Consultant to notify State will constitute a breach of this Agreement. If Consultant fails to re-perform the Services, or if State determines that Consultant will be unable to correct substandard Services before the time specified for completion in this Agreement, State may correct such unsatisfactory Services itself or by the use of third parties and charge Consultant for the costs incurred. If State requires Consultant to remedy any deficiencies in the Services, Consultant shall make such corrections at no additional cost to State. Any increase or decrease in the scope of the Services or any modification of the specifications will be made only by written agreement signed by the Parties. Consultant shall bear legal liability for all damages incurred by State caused by Consultant’s errors, omissions, or negligent acts without liability or expense to State. The rights and remedies of State provided herein are in addition to any other remedies provided by law.

Appears in 2 contracts

Samples: Professional Services Agreement, Professional Services Agreement

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State's Remedies for Substandard Performance. Upon notice of substandard performance of Services revealed during or after the construction of the project, Consultant shall re-perform the Services at no cost to State. Further, Consultant shall reimburse State for any costs incurred by State for necessary remedial work. Consultant shall respond to State's notice of any errors, omissions, or negligence within twenty-twenty four (24) hours and give immediate attention to necessary corrections to minimize any delays to the project. This may involve visits by Consultant to the project site, if directed by State. If Consultant discovers errors, omissions, or negligence in its Services, Consultant shall notify State of the errors within three (3) business days. Failure of Consultant to notify State will constitute a breach of this Agreement. If Consultant fails to re-perform the Services, or if State determines that Consultant will be unable to correct substandard Services before the time specified for completion in this Agreement, State may correct such unsatisfactory Services itself or by the use of third parties and charge Consultant for the costs incurred. If State requires Consultant to remedy any deficiencies in the Services, Consultant shall make such corrections at no additional cost to State. Any increase or decrease in the scope of the Services or any modification of the specifications will be made only by written agreement signed by the Parties. Consultant shall bear legal liability for all damages incurred by State caused by Consultant’s errors, omissions, or negligent acts without liability or expense to State. The rights and remedies of State provided herein are in addition to any other remedies provided by law.

Appears in 2 contracts

Samples: Professional Services Agreement, Agreement

State's Remedies for Substandard Performance. Upon notice of substandard performance of Services revealed during or after the construction of the project, Consultant shall re-perform the Services at no cost to State. Further, Consultant shall reimburse State for any costs incurred by State for necessary remedial work. Consultant shall respond to State's notice of any errors, omissions, or negligence within twenty-twenty four (24) hours and give immediate attention to necessary corrections to minimize any delays to the project. This may involve visits by Consultant to the project site, if directed by State. If Consultant discovers errors, omissions, or negligence in its Services, Consultant shall notify State of the errors within three (3) business days. Failure of Consultant to notify State will constitute a breach of this Agreement. If Consultant fails to re-perform the Services, or if State determines that Consultant will be unable to correct substandard Services before the time specified for completion in this Agreement, State may correct such unsatisfactory Services itself Services; or by the may use of third parties and charge Consultant for the costs incurred. If State requires Consultant to remedy any deficiencies in the Services, Consultant shall make such corrections at no additional cost to State. Any increase or decrease in the scope of the Services or any modification of the specifications will be made only by written agreement signed by the Parties. Consultant shall bear legal liability for all damages incurred by State caused by Consultant’s errors, omissions, or negligent acts without liability or expense to State. The rights and remedies of State provided herein are in addition to any other remedies provided by law.

Appears in 1 contract

Samples: Professional Services Agreement

State's Remedies for Substandard Performance. Upon notice of substandard performance of Services revealed during or after the construction of the project, Consultant shall re-perform the Services at no cost to State. Further, Consultant shall reimburse State for any costs incurred by State for necessary remedial work. Consultant shall respond to State's notice of any errors, omissions, or negligence within twenty-four (24) hours and give immediate attention to necessary corrections to minimize any delays to the project. This may involve visits by Consultant to the project site, if directed by State. If Consultant discovers errors, omissions, or negligence in its Services, Consultant shall notify State of the errors within three (3) business days. Failure of Consultant to notify State will constitute constitutes a breach of this Agreementthe Task Order. If Consultant fails to re-perform the Services, or if State determines that Consultant will be unable to correct substandard Services before the time specified for completion in this Agreementthe Scope of Services or Project Schedule, State may correct such unsatisfactory Services itself or by the use of third parties and charge Consultant for the costs incurred. If State requires Consultant to remedy any deficiencies in the Services, Consultant shall make such corrections at no additional cost to State. Any increase or decrease in the scope of the Services or any modification of the specifications will be made only by written agreement signed by the Parties. Consultant shall bear legal liability for all damages incurred by State caused by Consultant’s errors, omissions, or negligent acts without liability or expense to State. The rights and remedies of State provided herein are in addition to any other remedies provided by law.

Appears in 1 contract

Samples: Master Agreement

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State's Remedies for Substandard Performance. Upon notice of substandard performance of Services revealed during or after the construction of the project, Consultant shall re-perform the Services at no cost to State. Further, Consultant shall reimburse State for any costs incurred by State for necessary remedial work. Consultant shall respond to State's notice of any errors, omissions, or negligence within twenty-twenty four (24) hours and give immediate attention to necessary corrections to minimize any delays to the project. This may involve visits by Consultant to the project site, if directed by State. If Consultant discovers errors, omissions, or negligence in its Services, Consultant shall notify State of the errors within three (3) business days. Failure of Consultant to notify State will constitute constitutes a breach of this Agreementthe Task Order. If Consultant fails to re-perform the Services, or if State determines that Consultant will be unable to correct substandard Services before the time specified for completion in this Agreementthe Scope of Services or Project Schedule, State may correct such unsatisfactory Services itself or by the may use of third parties and charge Consultant for the costs incurred. If State requires Consultant to remedy any deficiencies in the Services, Consultant shall make such corrections at no additional cost to State. Any increase or decrease in the scope of the Services or any modification of the specifications will be made only by written agreement signed by the Parties. Consultant shall bear legal liability for all damages incurred by State caused by Consultant’s errors, omissions, or negligent acts without liability or expense to State. The rights and remedies of State provided herein are in addition to any other remedies provided by law.

Appears in 1 contract

Samples: Master Agreement

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