Failure to Remedy. If the Funder has provided the HSP with an opportunity to remedy the breach, and: the HSP does not remedy the breach within the time period specified in the Notice; it becomes apparent to the Funder that the HSP cannot completely remedy the breach within the time specified in the Notice or such further period of time as the Funder considers reasonable; or the HSP is not proceeding to remedy the breach in a way that is satisfactory to the Funder, then the Funder may immediately terminate this Agreement by giving Notice of termination to the HSP.
Failure to Remedy. If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, make or cause to be made required modifications, adjustments, or repairs, or may replace Goods, Services, IT Goods, or IT Services, in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser will offset the costs incurred from amounts owing to Contractor.
Failure to Remedy. If the LHIN has provided the HSP with an opportunity to remedy the breach, and:
(1) the HSP does not remedy the breach within the time period specified in the Notice;
(2) it becomes apparent to the LHIN that the HSP cannot completely remedy the breach within the time specified in the Notice or such further period of time as the LHIN considers reasonable; or
(3) the HSP is not proceeding to remedy the breach in a way that is satisfactory to the LHIN,
Failure to Remedy. If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, remedy the defect or nonconformity, in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser shall offset the costs incurred from amounts owing to Contractor.
Failure to Remedy. If the LHIN has provided the HSP with an opportunity to remedy the breach, and:
(i) the HSP does not remedy the breach within the time period specified in the Notice;
(ii) it becomes apparent to the LHIN that the HSP cannot completely remedy the breach within the time specified in the Notice or such further period of time as the LHIN considers reasonable; or
(iii) the HSP is not proceeding to remedy the breach in a way that is satisfactory to the LHIN, then the LHIN may immediately terminate the Agreement by giving Notice of termination to the HSP.
Failure to Remedy. Failure to timely remedy defective work.
Failure to Remedy. If the Recipient Party notifies the Provider Party as set forth in Section 6.3(a), and the Provider Party has not corrected such failure in the time frame set forth in Section 6.3(a), the Recipient Party may:
(i) withhold payment, or cause its Affiliate to withhold payment, for such Services or component thereof or seek a refund for Fees already paid for such Services or such component thereof, which withholding or refund shall be prorated for the period of noncompliance;
(ii) seek to terminate the provision of the applicable Services or such component thereof, as applicable, in accordance with Section 5.2(a);
(iii) seek damages from the Provider Party, subject in all cases to the limitations set forth in Section 6.2 and Section 7; and/or
(iv) require the Provider Party and its Affiliates to cooperate promptly and in good faith in obtaining an alternative means of providing such Services or such component thereof. The Provider Party shall be responsible for the reasonable costs incurred by either Party pursuant to this Section 6.3(b) in either restoring such Services or such component thereof or obtaining an alternative source of such Services or such component thereof; provided that the Provider Party shall only be responsible for the payment of such reasonable costs up to, and not exceeding, the amount of the Fees for such Services or such component thereof for the period from the time when the performance failure described in Section 6.3(a) commenced to the time when such Services or such component thereof were restored.
Failure to Remedy. If:
(a) the Defaulting Participant fails within 7 Business Days after receiving a notice given under clause 13.2(a) to rectify a default; or
(b) the Non-Defaulting Participants give notice under clause 13.2(b), the Non-Defaulting Participants may, as the Non-Defaulting Participants sole remedy,
(c) where the Defaulting Participant is a NOP:
(i) wholly or partly suspend any payment due to the Defaulting Participant under this Agreement until the default has been remedied; and
(ii) by joint notice exclude the Defaulting Participant from further participation in the performance of this Agreement under clause 13.4 and may recover loss or damage from the Defaulting Participant under clause 14.3(b); or
(d) where the Defaulting Participant is RTA, wholly or partly suspend the Alliance Works until the default has been remedied.
Failure to Remedy. If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from OSOS, or if an emergency exists rendering it impossible or impractical for OSOS to have Contractor provide a remedy, OSOS may, without prejudice to any other rights or remedies available to it, make or cause to be made required modifications, adjustments, or repairs, or may replace items or services, in which case Contractor shall reimburse OSOS for its actual costs or, at OSOS’s option, OSOS will offset the costs incurred from amounts owing to Contractor.
Failure to Remedy. If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from WSAC, or if an emergency exists rendering it impossible or impractical for WSAC to have Contractor provide a remedy, WSAC may, without prejudice to any other rights or remedies available to it, make or cause to be made required modifications, adjustments, or repairs, or may replace Goods, Services, IT Goods, or IT Services, in which case Contractor shall reimburse WSAC for its actual costs or, at WSAC’S option, WSAC will offset the costs incurred from amounts owing to Contractor.
