ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.
ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. All Deliverables must be shipped complete unless arrangements for partial shipments are made in advance. If, instead of requiring immediate correction or removal and replacement of defective or non-conforming Deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming Deliverables or Services. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming Deliverables or Services. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor within 30 calendar days of notification provided by the City.
ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. A. If, instead of requiring immediate correction or removal and replacement of defective or non-conforming deliverables, the CLIENT prefers to accept it, the CLIENT may do so. If any such acceptance occurs prior to final payment, the CLIENT and CONSULTANT may agree upon the amount to be deducted to compensate the CLIENT for the diminished value of the defective or non- conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the CLIENT by the CONSULTANT.
ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so.
ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non-conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non- conforming deliverables. If the acceptance occurs after final payment, such amount shall be refunded to the City by the Contractor. Failure of the City to require performance by the Contractor does not affect the right of the City to require performance in the future. No delay, failure, or waiver of the City’s exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by the City of any breach of any term of the Contract shall not be construed as a waiver of any continuing or successive breach.
ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. Reserved
ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non-conforming Deliverables, AHFC prefers to accept it, AHFC may do so. The Contractor shall pay all claims, costs, losses and damages attributable to AHFC’s evaluation of and determination to accept such defective or non-conforming Deliverables. If any such acceptance occurs prior to final payment, AHFC may deduct such amounts as are necessary to compensate AHFC for the diminished value of the defective or non-conforming Deliverables. If the acceptance occurs after final payment, such amount will be refunded to AHFC by the Contractor.
ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non-conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.
5.4.1 Contractor's liability, as it relates to acceptance of incomplete or non-confirming deliverables delivered hereunder will not exceed an amount equal to the total amount paid by the City to the Contractor for Programs and Services during the one-year period immediately preceding the occurrence giving rise to the claim.
ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non-conforming deliverables, the District prefers to accept the deliverables, the District may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the District’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the District may deduct such amounts as are necessary to compensate the District for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the District by the Contractor.
ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES. If, instead of requiring immediate correction or removal and replacement of defective or non-conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non- conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non- conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. Nothing shall amend or abrogate any warranty in this Contract unless explicitly stated in a writing signed by both parties that such warranty is being amended or abrogated.
