Correction of Defect Sample Clauses

Correction of Defect. Where an instruction is given under clause 9.6(a) and clause 9.7(b) does not apply: the Subcontractor will only be entitled to make a Claim for correcting the Defect (or the relevant part) if the Defect (or the relevant part) is something for which the Subcontractor is not responsible; and where the Subcontractor is so entitled to make a Claim, the work involved in the correction of the Defect will be treated as if it were a Variation the subject of a direction by the Contractor’s Representative and clause 11.3 applied.
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Correction of Defect. Notwithstanding anything to the contrary in the Lease, Tenant's acceptance of the Premises or submission of a "punch list" shall not be deemed a waiver of Tenant's right to have defects in the Tenant Improvements and the Premises repaired at Landlord's sole expense. Tenant shall give notice to Landlord whenever any such defect becomes reasonably apparent, and Landlord shall repair such defect as soon as reasonably practical. Landlord also hereby assigns to Tenant all warranties with respect to the Premises, which would reduce Tenant's maintenance obligations hereunder and shall cooperate, with Tenant to enforce all such warranties.
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Correction of Defect. If a direction is given under clause 11.2(b) prior to the expiration of the Defects Correction Period applicable to the relevant part of the Project Works and the Company does not give a written notice under clause 11.2(c) or, if it does, the Independent Verifier determines that a Defect exists, the Company must correct the Defect (or the part of it):
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Correction of Defect. Upon notice of a defect covered by warranty, the Contractor shall commence adequate corrective measures without undue delay. The Contractor shall pay special attention to NT’s interests in limiting the consequences that the warranty case may cause to ongoing operations. While waiting for warranty action, NT is entitled to use a faulty or not approved spare part if it is usable as provisional exchange component, provided that the spare part satisfies the relevant minimum technical and safety requirements. The Contractor shall bear all costs incurred from correction of defects such as costs for identification of defects, transport, dismantling, assembly, installation, carrying out, testing, and supervision of inspection and provisional and final correction of defects. Any corrective measures shall be carried out at premises appointed by NT unless the circumstances dictate that the corrective measures must be performed at the Contractor’s premises. Contractor shall be granted the necessary access to the appointed premises free of charge to carry out actions under the technical warranty. Such warranty work shall as far as possible be performed during the scheduled maintenance periods. At the request of the Contractor and to the extent that the necessary resources are available, NT may arrange for the dismantling and reassembly of components and systems that shall be sent to the Contractor. In such case, the Contractor shall reimburse the reasonable costs of any dismantling and reassembly work, as well as all reasonable transportation costs, fault tracing and other reasonable investigations necessary to discover the fault. If a situation covered by the systematic fault warranty results in modification of the design, the Contractor shall carry out the same modification to the other Trainsets, components and spare parts. Any modification in the design shall in its entirety satisfy the specifications of the Contract. The Contractor shall make necessary additions and changes to the specifications, documentation, training, spare parts, maintenance equipment etc. and provide NT with copies of these. If the Trainsets or components show clear signs of abnormal wear and tear prior to the expiry of the warranty period set in clause 12.1 and 12.2, and such abnormal wear and tear is attributable to the Contractor, the Contractor shall at his own cost repair or replace the Trainset or parts of it and take any action to prevent further similar wear and tear from occurring in...
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Correction of Defect. If ALLIED is required to correct or re-perform, it shall be at no cost to ANCHOR BAY, and any services corrected or re-performed by ALLIED shall be subject to this Agreement to the same extent as work initially performed. If ALLIED fails or refuses to correct or re-perform, ANCHOR BAY may, by contract or otherwise, correct or replace similar services and charge to ALLIED the cost occasioned to ANCHOR BAY thereby, or make an equitable adjustment in the invoice price.
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Correction of Defect. If an instruction is given under clause 9.8(b)(i), the Contractor must correct the Defect:
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Related to Correction of Defect

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

  • Correction of Errors Contractor shall perform, at its own cost and expense and without reimbursement from the District, any work necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care required herein.

  • REMEDY OF DEFECTS (a) The BUILDER shall remedy, at its expense, any Defect against which the VESSEL is guaranteed under this Article, by making all necessary repairs or replacements at the Shipyard.

  • Notice of Defects If, based on Consulting Engineer/Architect's involvement during the construction phase, Consulting Engineer/Architect observes or otherwise becomes aware of any defect in the work, he shall give prompt written notice to City of such defects and their approximate location on the Project. However, Consulting Engineer/Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, inspections and programs in connection with the work, since these are solely the Contractor's responsibility under the contract for construction. Consulting Engineer/Architect shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents. Consulting Engineer/Architect shall not have control over or charge of acts or omissions of the Contractor, Contractor's subcontractors, or their agents or employees.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Corrections There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

  • Error Correction The Manager shall make adjustments to charges as required to reflect the discovery of errors or omissions in charges; provided, however, that any errors or omissions the correction of which would result in additional or increased charges or fees for Services must be corrected within [ ] years after the date of the related invoice.

  • Failure to Respond If you fail to respond by the date given above, your application will be refused under Section 3A(4)(a) of the Registered Designs Act 1949.

  • Notice of Third Party Claims; Assumption of Defense The Indemnified Person shall give notice as promptly as is reasonably practicable to Barberry of the assertion of any claim, or the commencement of any suit, action or proceeding, by any Person not a party hereto (a “Third Party Claim”) in respect of which indemnity may be sought under this Agreement; provided that the failure of the Indemnified Person to promptly give notice shall not relieve Barberry of its obligations except to the extent (if any) that Barberry shall have been prejudiced thereby. Barberry may, at its own expense, participate in the defense of any Third Party Claim, suit, action or proceeding (a) upon notice to the Indemnified Person and (b) upon delivery by Barberry to the Indemnified Person a written agreement that the Indemnified Person is entitled to indemnification for all Losses arising out of such Third Party Claim, suit, action or proceeding and that Barberry shall be liable for the entire amount of any Loss, at any time during the course of any such Third Party Claim, suit, action or proceeding, assume the defense thereof; provided, however, that (i) Barberry’s counsel is reasonably satisfactory to the Indemnified Person, and (ii) Barberry shall thereafter consult with the Indemnified Person upon the Indemnified Person’s reasonable request for such consultation from time to time with respect to such Third Party Claim, suit, action or proceeding. If Barberry assumes such defense, the Indemnified Person shall have the right (but not the duty) to participate in the defense thereof and to employ counsel, at its own expense, separate from the counsel employed by Barberry. If, however, the Indemnified Person reasonably determines in its judgment that representation by Barberry’s counsel of both Barberry and the Indemnified Person would present such counsel with a conflict of interest, then such Indemnified Person may employ separate counsel to represent or defend it in any such Third Party Claim, action, suit or proceeding and Barberry shall pay all of the fees and disbursements in connection with the retention of such separate counsel. If Barberry fails to promptly notify the Indemnified Party that Barberry desires to defend the Third Party Claim pursuant, or if Barberry gives such notice but fails to prosecute vigorously and diligently or settle the Third Party Claim, then the Indemnified Party will have the right to defend, at the sole cost and expense of Barberry, the Third Party Claim by all appropriate proceedings, which proceedings will be prosecuted by the Indemnified Person in good faith or will be settled at the discretion of the Indemnified Person (with the consent of Barberry, which consent will not be unreasonably withheld). The Indemnified Person will have full control of such defense and proceedings, including any compromise or settlement thereof. Whether or not Barberry chooses to defend or prosecute any such Third Party Claim, suit, action or proceeding, all of the parties hereto shall cooperate in the defense or prosecution thereof.

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