Upon Contractor’s Request Sample Clauses

Upon Contractor’s Request. Notwithstanding the foregoing, Contractor may request Owner to perform all or any portion of Contractor’s obligations with respect to any Defect Warranty claim. Upon such request, Owner may elect to perform such obligations in Owner’s sole discretion, and if Owner elects not to perform such obligations, Contractor shall remain obligated to and shall perform such obligations. Contractor shall, within ten (10) Business Days of receiving Owner’s request for payment of such costs, reimburse Owner for all reasonable and documented costs and expenses actually incurred by Owner and its Affiliates (including costs of Owner’s personnel) plus, to compensate Owner for its overhead, corporate burdens and profit, ten percent (10%) of such costs to perform Contractor’s obligations with respect to such Defect Warranty claim. Failure of Contractor to Perform Warranty Work. If Contractor does not use its reasonable efforts to proceed to complete the Warranty Work, or cause any relevant Subcontractor to proceed to complete the Warranty Work, required to satisfy any warranty claim properly asserted under the terms of this Article 17 within the agreed time, or if Contractor and Owner fail to reach an agreement within such five (5) Business Day period set forth in Section 17.5.1, Owner shall, after giving Contractor at least ten (10) days’ prior Notice of Owner’s intent to perform the remedy itself, have the right to perform the necessary Warranty Work to remedy the warranty claim, or have third parties perform the necessary warranty work and Contractor shall bear the reasonable costs thereof as set forth in Section 17.5.2. If Contractor (or the relevant Subcontractor) begins to perform the Warranty Work to satisfy such warranty claim during such ten (10) day period and diligently continues to perform such Warranty Work, Owner shall not perform, or cause any third party to perform, such Warranty Work. In the event any of the Work fails to satisfy the Defect Warranty during the Defect Warranty Period, and any such failure occurs under circumstances where there is an immediate need for repairs, Owner may perform such Warranty Work for Contractor’s account; provided, that Owner provides reasonably prompt Notice to Contractor of such immediate need prior to performing such Warranty Work. If Contractor is unable to adequately correct any Defect in the Work, or if the nature of any Defect in the Work is such that Owner will not be fully compensated by virtue of the repair or replace...
Sample 1
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Upon Contractor’s Request. Notwithstanding the foregoing, Contractor may request Owner to perform all or any portion of Contractor’s obligations with respect to any warranty claim, and, if Owner desires to perform such obligations, Owner shall perform such obligations for Contractor’s account in accordance with the Warranty Procedures; provided, however, that the failure to comply with such Warranty Procedures shall not void the Work Warranty or the Materials Warranty.
Sample 1
Upon Contractor’s Request. Notwithstanding the foregoing, Contractor may request Owner to perform all or any portion of Contractor’s obligations with respect to any warranty claim. Owner may elect to perform such obligations in Owner’s sole discretion, and, if Owner elects not to perform such obligations, Contractor shall remain obligated to and shall perform such obligations. Owner may prepare and deliver an invoice to Contractor, accompanied by reasonable supporting documentation, setting forth the cost of such Work performed by Owner. Upon receipt thereof, Contractor shall reimburse Owner for all costs and expenses incurred by Owner (including costs related to Owner’s personnel) to perform Contractor’s obligations with respect to such warranty claim within ten (10) days of receiving Owner’s request for payment of such costs.
Sample 1
Upon Contractor’s Request. Notwithstanding the foregoing, Contractor may request Owner to perform all or any portion of Contractor’s obligations with respect to any warranty claim. Upon such request, Owner may elect to perform such obligations in Owner’s sole discretion, and if Owner elects not to perform such obligations, Contractor shall remain obligated to and shall perform such obligations. Contractor shall reimburse Owner for all costs and expenses incurred by Owner (including costs of Owner’s personnel, but excluding overhead, corporate burdens, profit, and the like) to perform Contractor’s obligations with respect to such warranty claim within ten (10) Business Days of receiving Owner’s request for payment of such costs.
Sample 1
Upon Contractor’s Request. Contractor may propose a change to its Performance Obligations under this Contract by submitting a Proposal to KIB, which shall conform with the requirements of Section 14.02.
Sample 1

Related to Upon Contractor’s Request

  • General Contractor A building, construction, or contracting firm with whom Borrower has contracted or may in the future contract with for the construction of the Improvements pursuant to a certain construction contract between them (the "Construction Contract").

  • Sub-contractors Transfer Agent may, without further consent on the part of Customer, subcontract with other subcontractors for telephone and mailing services as may be required from time to time; provided, however, that the Transfer Agent shall be as fully responsible to the Customer for the acts and omissions of any subcontractor as it is for its own acts and omissions.

  • Third Party Contractors Tenant shall obtain and deliver to Landlord, Third Party Contractor’s certificates of insurance and applicable endorsements at least seven (7) business days prior to the commencement of work in or about the Premises by any vendor or any other third-party contractor (collectively, a “Third Party Contractor”). All such insurance shall (a) name Landlord as an additional insured under such party’s liability policies as required by Section 10.3.1 above and this Section 10.6, (b) provide a waiver of subrogation in favor of Landlord under such Third Party Contractor’s commercial general liability insurance, (c) be primary and any insurance carried by Landlord shall be excess and non-contributing, and (d) comply with Landlord’s minimum insurance requirements.

  • Independent Contractor; Authority Notwithstanding the Services provided by the Administrator pursuant to this Agreement, the Administrator shall be deemed to be an independent contractor with respect to the Services. The management, policies and operations of the Parties (including the ultimate approval of the making or disposition of the Painting by the Issuer or Masterworks Cayman, and the terms and conditions thereof) shall be the responsibility of the Parties other than the Administrator.

  • Contractors All LAUSD Contractors and their Representatives are expected to conduct any and all business affiliated with LAUSD in an ethical and responsible manner that fosters integrity and public confidence. A “Contractor” is any individual, organization, corporation, sole proprietorship, partnership, nonprofit, joint venture, association, or any combination thereof that is pursuing or conducting business with and/or on behalf of LAUSD, including, without limitation, consultants, suppliers, manufacturers, and any other vendors, bidders or proposers. A Contractor’s “Representative” is also broadly defined to include any subcontractors, employees, agents, or anyone else who acts on a Contractor’s behalf.

  • Subcontractor Any vendor, subcontractor or other Person that is not responsible for the overall servicing (as “servicing” is commonly understood by participants in the mortgage-backed securities market) of Mortgage Loans but performs one or more discrete functions identified in Item 1122(d) of Regulation AB with respect to Mortgage Loans under the direction or authority of the Servicer or a Subservicer.

  • Contractor If COUNTY elects to renegotiate this Agreement due to reduced or terminated 20 funding, CONTRACTOR shall not be obligated to accept the renegotiated terms.

  • Subcontractors The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at xxxxxxx@xxx.xxxxxxxxx.xxx for information on certified small business enterprises available for subcontracting opportunities.

  • Independent Contractor Benefits It is the express intention of the Company and Consultant that Consultant performs the Services as an independent contractor. Nothing in this Agreement shall in any way be construed to constitute Consultant as an employee or entitling Consultant to any of benefits otherwise provided to employees of the Company. Consultant acknowledges and agrees that Consultant is obligated to report as income all compensation received by Consultant pursuant to this Agreement. Consultant agrees to and acknowledges the obligation to pay all self-employment and other taxes on such income.

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