Correction of Warranted Work Sample Clauses

Correction of Warranted Work. 8.2.1 Commencing with the date of beneficial use of each ECM to the University and continuing for the warranty periods set forth in Schedule S for each ECM, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Project Documents, the ESCO shall correct or replace all defective or nonconforming work and all faulty or defective work in accordance with the timeframes set forth in Section 8.2, after receipt of written notice from the University to do so whether such fault or defect was observed before or after final acceptance of the work and whether such work was fabricated, installed or complete unless the University has previously given the ESCO a written waiver of the specific fault or defect. Notice may be given by telephone in the event of an emergency situation. The ESCO shall bear all costs of replacing or correcting such rejected or faulty or defective work.
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Correction of Warranted Work. Beginning on the Commencement Date and continuing for a minimum of one year for each ECM, or for such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Project Documents, the Company shall, at its own expense, correct or replace all Nonconforming Work in accordance with the timeframes set forth in this Section, and remove from the Facilities all portions of defective and Nonconforming Work. After receipt of written notice from the Customer to correct such fault or defect, whether it was observed before or after acceptance of the Work, the Company will correct the Nonconforming Work unless the Customer has given the Company a written waiver of the specific fault or defect. Notice may be given by telephone in the event of an emergency situation. If the Company fails to correct Nonconforming Work as provided in this Section within twenty-four (24) hours after notice, in the case of emergency conditions, or within five (5) business days in all other cases after the Company’s receipt of written notice from the Customer of such Nonconforming Work, the Customer may repair, correct or replace such Nonconforming Work at the Company’s expense, including, but not limited to, costs incurred to remove, store or dispose of Nonconforming Work. Notwithstanding and without waiving any other rights or remedies available to the Customer, if the Company does not pay the cost incurred by the Customer for such repair, removal and storage within ten (10) days of written demand therefor, the Customer may upon ten (10) additional days’ written notice, sell any material and equipment directly associated with the Nonconforming Work, not removed by the Company at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Company. If such proceeds of sale do not cover all costs which the Company should have borne, the difference shall be paid to the Customer by the Company within (10) days of notice from the Customer. The Company shall bear the cost of correcting damage to the Facilities caused by its performance of the Work. The establishment of the time periods set forth in this Section relates only to the specific obligation of the Company to correct the Work. Nothing contained in this Section shall be construed to establish or modify the time periods within which the Company is obligated to install the ECMs and perform the Work. Notwit...
Sample 1
Correction of Warranted Work. (a) Commencing with the date of beneficial use of each ECM to the INSTITUTION and continuing for the warranty periods set forth in Schedule R for each ECM, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Project Documents, the COMPANY shall correct or replace all faulty, defective or nonconforming Work in accordance with the timeframes set forth in 8.2(c). After receipt of written notice from the INSTITUTION to correct such fault or defect, whether it was observed before or after acceptance of the Work, the COMPANY will correct the Work unless the INSTITUTION has given the COMPANY a written waiver of the specific fault or defect. Notice may be given by telephone in the event of an emergency situation. The COMPANY shall bear all costs of replacing or correcting such faulty, defective or nonconforming Work.
Sample 1

Related to Correction of Warranted Work

  • Correction of Defective Work 2.10.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one (1) year from the date of Final Acceptance of the Work or any portion of the Work, or within such longer period to the extent required by the Contract Documents or applicable Legal Requirements or Government Approvals.

  • CORRECTION OF WORK 13.2.1 The Contractor shall be responsible for correcting all Work which the Architect has found to be defective or which fails to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby. The Architect, upon a finding of defect or failure to conform, shall immediately notify the State and Contractor, in writing, of the defect. The Contractor shall begin correcting the defective or non-conforming Work within ten (10) days unless the State agrees to a Change Order which reflects the reduction in Contract Sum due to the value of diminishment of the defective or nonconforming Work.

  • 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.

  • Correction of Deficiencies The contractor must correct promptly any work of his/her own or his/her subcontractors found to be defective or not complying with the terms of the contract.

  • RECTIFICATION OF DEFECTS 27.1 The Purchaser shall within 14 (fourteen) days after the Contractual Occupation Date notify the Seller in writing by way of a snaglist of all or any defects in the Unit, failing which the Purchaser shall be deemed to have accepted the Unit in good order and condition. Only ONE snaglist shall be considered. The Seller shall within a reasonable time thereafter at its cost repair all such defects and the Seller undertakes to rectify all latent and/or patent defects which become apparent to the Purchaser within 3 (three) calendar months from the Contractual Occupation Date and which is the result of defective materials and/or workmanship.

  • Inspection of Work It is FIRST PARTY's obligation to make the work product available for CITY's inspections and periodic reviews upon request by CITY.

  • Nonconforming Work 23.1.1 Developer shall promptly remove from Premises all Work identified by District as failing to conform to the Contract Documents whether incorporated or not. Developer shall promptly replace and re-execute its own Work to comply with the Contract Documents without additional expense to the District and shall bear the expense of making good all work of other contractors destroyed or damaged by any removal or replacement pursuant hereto and/or any delays to the District or other contractors caused thereby.

  • Punchlist Upon completion of the Performance Tests and prior to Substantial Completion of a Subproject, Owner and Contractor shall inspect the Subproject, and Contractor shall prepare a proposed Punchlist of items identified as needing to be completed or corrected as a result of such inspection. Contractor shall promptly provide the proposed Punchlist to Owner for its review, together with an estimate of the time and cost necessary to complete or correct each Punchlist item. Contractor shall add to the proposed Punchlist any Punchlist items that are identified by Owner within ten (10) Days after Owner’s receipt of the proposed Punchlist from Contractor, and Contractor shall immediately initiate measures to complete or correct, as appropriate, any item on Contractor’s proposed Punchlist (including those items identified by Owner during Owner’s review) that are not of a Punchlist nature. Notwithstanding anything to the contrary in this Agreement, Contractor and Owner are not required as a condition of Substantial Completion of a Subproject to agree upon and identify every Punchlist item and include it on the Punchlist, but Contractor is required to complete as a condition of Substantial Completion of such Subproject that does not meet the definition of Punchlist as provided in Section 1.1. In the event of a dispute regarding whether a specific item of Work meets the definition of Punchlist under Section 1.1, the Parties shall resolve such dispute in accordance with Section 18.1A. Owner shall provide Contractor with access to the Work after Substantial Completion of a Subproject sufficient to enable Contractor to complete all Punchlist items, so long as such access does not unreasonably interfere with operation of a Subproject after Substantial Completion of the Subproject or the Existing Facility and subject to any reasonable security or safety requirements of Owner. Upon Contractor’s completion or correction of any items necessary to achieve Substantial Completion of a Subproject, as modified by any Owner additions, such Punchlist shall govern Contractor’s performance of the Punchlist items up to Final Completion. All Work on the Punchlist shall be completed by the date required for Final Completion, as specified in Section 5.3C, or Owner may, in addition to any other rights that it may have under this Agreement, complete such Punchlist Work at the expense of Contractor. In the event Owner elects to complete such Punchlist Work, Contractor shall pay Owner, within ten (10) Days after receipt of written notice from Owner, all reasonable costs and expenses incurred by Owner in performing such Punchlist Work, or, at Owner’s sole discretion, Owner may withhold or offset amounts owed to Contractor or collect on the Letter of Credit in accordance with Section 7.8 in the amount of such costs and expenses. Any Defective Work identified after agreement between the Parties of the Punchlist shall be corrected by Contractor as a Warranty item under Article 12.

  • Correction No corrections shall be made in the tender documents. Any corrections that are to be made shall be made by crossing the incorrect portion and writing the correct portions above with the initials of tenderer.

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