Completion of Outstanding Works and Remedying Defects Sample Clauses

Completion of Outstanding Works and Remedying Defects. The Engineer and the Contractor shall perform periodic joint inspections at the Site during the Defects Liability Period at the frequency stated in the Particular Conditions to inspect any outstanding Defects and the Engineer shall provide an updated list of defects to UNICEF and the Contractor within seven (7) days of the inspection. During the Defects Liability Period the Contractor shall at the Contractor’s cost complete any outstanding work and correct all Defects notified by the Engineer and/or of which the Contractor becomes aware within the time period instructed by the Engineer and/or within the time period required in the defects list (as may be updated from time to time). The Contractor shall ensure that by the expiry of all Defects Liability Periods in respect of the Works, the Works and the Deliverables are free from Defects and satisfactory to UNICEF and are in accordance with this Contract. If the Contractor fails to remedy any Defect within the time required under this Contract UNICEF may: (a) carry out the work or procure a third party to carry out the work at the Contractor’s cost and the costs incurred by UNICEF in doing so shall be recoverable as a debt; (b) require the Engineer to assess a reasonable reduction in the Contract Price to reflect the uncorrected Defect; and/or (c) if the Defect deprives UNICEF or the Beneficiary of substantially the whole benefit of the Works or any part of the Works, terminate this Contract and recover all sums paid for the Works plus financing costs and all costs arising from the termination.
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Completion of Outstanding Works and Remedying Defects. To the intent that the Works shall, at or before the expiration of the Defects Liability Period, be in the condition required by this Contract and shall meet all other requirements of this Contract, the Contractor: (1) shall complete with due expedition and without delay any work outstanding at the Date or Dates of Substantial Completion (whether or not the subject of any undertaking to do so) and as may be instructed by the Superintending Officer; and (2) shall execute all such works of amendment, reconstruction and remedying Defects, shrinkages or such other faults of whatever nature as the Superintending Officer may at any time during the Defects Liability Period or within fourteen (14) days after its expiration instruct the Contractor to execute. For the avoidance of doubt, the obligation of the Contractor to comply with this Clause shall not in any way prejudice the Employer’s rights under the provisions of any guarantee relating to the Works or any phase or part of the Works required by the Specifications or provided by any supplier or sub- contractor.
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Related to Completion of Outstanding Works and Remedying Defects

  • Cost of remedying Defects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to: (a) the design of the Project; (b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications and Standards; (c) improper maintenance during construction of the Project Highway by the Contractor; and/ or (d) failure by the Contractor to comply with any other obligation under this Agreement.

  • Performance Default and Remedies Subsection B. DEFAULT AND REMEDIES, second paragraph of the Contract is modified as follows (underlined language is added and stricken language is deleted): “Written notice of default and a reasonable 30-day opportunity to cure must be issued by the party claiming default.”

  • Termination for Default; Remedies 8.2.1 Each of the following shall constitute an immediate event of default (“Event of Default”) under this Agreement: (a) Contractor fails or refuses to perform or observe any term, covenant or condition contained in any of the following Sections of this Agreement:

  • Defaults and Remedies Section 6.01.

  • Default Rights and Remedies If an Event of Default exists, the Agent shall have the following rights and remedies: (a) In addition to all other rights and remedies granted to the Agent in this Agreement or in any other Loan Document or by applicable law, the Agent shall have all of the rights and remedies of a secured party under the UCC (whether or not the UCC applies to the affected Collateral). Without limiting the generality of the foregoing, the Agent may (A) without demand or notice to it, collect, receive or take possession of the Collateral or any part thereof and for that purpose the Agent may enter upon any premises on which the Collateral is located and remove the Collateral therefrom or render it inoperable, and/or (B) sell, lease or otherwise dispose of the Collateral, or any part thereof, in one or more parcels at public or private sale or sales, at the Agent's offices or elsewhere, for cash, on credit or for future delivery, and upon such other terms as the Agent may deem commercially reasonable or otherwise as may be permitted by law. The Agent shall have the right at any public sale or sales, and, to the extent permitted by applicable law, at any private sale or sales, to bid (which bid may be, in whole or in part, in the form of cancellation of indebtedness) and become a purchaser of the Collateral or any part thereof free of any right or equity of redemption on the part of the Debtor, which right or equity of redemption is hereby expressly waived and released by the Debtor. Upon the request of the Agent, the Debtor shall assemble the Collateral and make it available to the Agent at anyplace designated by the Agent that is reasonably convenient to it and the Agent. The Debtor agrees that the Agent shall not be obligated to give more than ten (10) days prior written notice of the time and place of any public sale or of the time after which any private sale may take place and that such notice shall constitute reasonable notice of such matters. The Agent shall not be obligated to make any sale of Collateral if it shall determine not to do so, regardless of the fact that notice of sale of Collateral may have been given. The Agent may, without notice or publication, adjourn any public or private sale or cause the same to be adjourned from time to time by announcement at the time and place fixed for sale, and such sale may, without further notice, be made at the time and place to which the same was so adjourned. The Debtor shall be liable for all reasonable expenses of retaking, holding, preparing for sale or the like, and all reasonable attorneys' fees, legal expenses and other costs and expenses incurred by the Agent in connection with the collection of the Obligations and the enforcement of the Agent's rights under this Agreement. The Debtor shall remain liable for any deficiency if the Proceeds of any sale or other disposition of the Collateral applied to the Obligations are insufficient to pay the Obligations in full to the extent provided in the Loan Documents. The Agent may apply the Collateral against the Obligations as provided in the Credit Agreement. The Debtor waives all rights of marshalling, valuation and appraisal in respect of the Collateral. Any cash held by the Agent as Collateral and all cash proceeds received by the Agent in respect of any sale of, collection from or other realization upon all or any part of the Collateral may, in the discretion of the Agent, be held by the Agent as collateral for, and then or at any time thereafter applied in whole or in part by the Agent against, the Obligations in the order permitted by the Credit Agreement. Any surplus of such cash or cash proceeds and interest accrued thereon, if any, held by the Agent and remaining after payment in full of all the Obligations shall be promptly paid over to the Debtor or to whomsoever may be lawfully entitled to receive such surplus; provided that the Agent shall have no obligation to invest or otherwise pay interest on any amounts held by it in connection with or pursuant to this Agreement. (b) The Agent may cause any or all of the Collateral held by it to be transferred into the name of the Agent or the name or names of the Agent's nominee or nominees. (c) The Agent may exercise any and all of the rights and remedies of the Debtor under or in respect of the Collateral, including, without limitation, any and all rights of it to demand or otherwise require payment of any amount under, or performance of any provision of, any of the Collateral. (d) The Agent may collect or receive all money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so. (e) On any sale of the Collateral, the Agent is hereby authorized to comply with any limitation or restriction with which compliance is necessary, in the view of the Agent's counsel, in order to avoid any violation of applicable law or in order to obtain any required approval of the purchaser or purchasers by any applicable Governmental Authority.