DEFECTS LIABILITY AFTER COMPLETION Sample Clauses

DEFECTS LIABILITY AFTER COMPLETION. EXIT/TERMINATION 94 27.1 Liability for defects after Completion/Option to Exit/Termination 94 27.2 Retention of Gross Revenue 94 PART V OTHER PROVISIONS 95
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DEFECTS LIABILITY AFTER COMPLETION. EXIT/TERMINATION‌ 27.1 Liability for defects after Completion/Option to Exit/Termination‌ The Operator shall be responsible for all defects and deficiencies in the Project for a period of 1 (one) year after Completion/Option to Exit/Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Consultant in the Project upto the transfer date. In the event that the Operator fails to repair or rectify such defect or deficiency within a period as specified by the Independent Consultant, the Authority shall be entitled to get the same repaired or rectified at the Operator’s risk and cost so as to make the Project conform to the Maintenance Requirements. The Authority shall apportionate the costs incurred for such repairs from the Escrow Account. The Authority shall be entitled to invoke the Performance Security.
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DEFECTS LIABILITY AFTER COMPLETION. 43 27.1 Completion of Outstanding Work and Remedying Defects 43 27.2 Cost of Remedying Defects 44 27.3 Default in Remedying Defects 44 27.4 Diminution in Value of Works 44 27.5 Contractor to Search 44 27.6 Certificate of Making Good Defects 45 27.7 Liability at Law 45 28 VARIATIONS 45
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DEFECTS LIABILITY AFTER COMPLETION. 47 27.1 Completion of Minor Outstanding Work and Remedying Defects 47 27.2 Cost of Completion of Minor Outstanding Works and Remedying Defects 47 27.3 Default in Remedying Defects 47 27.4 Diminution in Value of Works 47 27.5 Contractor to Search 48 27.6 Certificate of Making Good Defects 49 27.7 Liability at Law 49 28 VARIATION 50 28.1 Definition of Variation 43 28.2 Power to Order Variations 51 29 VALUATION OF VARIATIONS 52 29.1 Valuation Method 52 30 MEASUREMENT 53 30.1 Contractor to Attend Measurement 53 30.2 Contractor to Provide Assistance 53 30.3 Record of Measurements 53 30.4 Failure to Agree Measurements 54 31 COMPENSATION EVENT 54
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DEFECTS LIABILITY AFTER COMPLETION. 45 27.1 Completion of Minor Outstanding Work and Remedying Defects 45 27.2 Cost of Completion of Minor Outstanding Works and Remedying Defects 46 27.3 Default in Remedying Defects 46 27.4 Diminution in Value of Works 46 27.5 Contractor to Search 46 27.6 Certificate of Making Good Defects 47 27.7 Liability at Law 47 28 VARIATION 48 29 VALUATION OF VARIATIONS 50 29.1 Valuation Method 50 30 MEASUREMENT 51 30.1 Contractor to Attend Measurement 51 30.2 Contractor to Provide Assistance 51 30.3 Record of Measurements 51 30.4 Failure to Agree Measurements 52 31 COMPENSATION EVENT 53 32 COMPENSATION EVENTS PROCEDURE 55 33 CONSTRUCTION PLANT, TEMPORARY WORKS, MATERIALS AND GOODS 61 33.1 Exclusive Use for the Works 61 33.2 Passing of Property and Vesting 61 33.3 Employer Not Liable for Damage 61 33.4 Conditions for Hire of Construction Plant 62 33.5 Re-vesting and Removal 62 33.6 Incorporation of Clause in Sub-contracts 62 34 GENERAL RESPONSIBILITIES OF THE CONTRACTOR 63 34.1 Care of the Works 63 34.2 Responsibility to Rectify Damage, Loss or Injury 63 35 INDEMNITY PROVISIONS 64 35.1 Injury to Persons 64 35.2 Damage to Property 64 35.3 Contribution 64 35.4 Contractor to Rectify Damage 64 35.5 Damage to Property of Employer or Relevant Authority 65
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Related to DEFECTS LIABILITY AFTER COMPLETION

  • Defects Liability 9.1 In this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (“Defects”).

  • Defects Liability Period Defects liability period shall start for Instructed works immediately the works are certified as Complete by the Engineer. The period of Defects liability shall be prescribed in the Appendix to the Contract. SUBCLAUSE 49.2 – COMPLETION OF OUTSTANDING WORK AND REMEDYING DEFECTS Add At the time of End of Defects Liability Inspection, no defect arising from the permanent works existing shall be acceptable for taking over. The Inspection team shall verify and satisfy themselves that all the outstanding works and defects arising out of the works have been attended to sufficiently. Routine Maintenance works/PBC Works shall also be inspected at the time of End of Defects Liability Inspection and should comply to the specifications of the PBC Works.

  • DEFECT LIABILITY It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.

  • LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.

  • General Liability and Property Damage With respect to all operations performed under this Agreement, the Party shall carry general liability insurance having all major divisions of coverage including, but not limited to: Premises - Operations

  • Exceptions from Liability Without limiting the generality of any other provisions hereof, neither the Custodian nor any Domestic Subcustodian shall be under any duty or obligation to inquire into, nor be liable for:

  • BREACH OF CONTRACT TERMS The State reserves its right to all administrative, contractual, or legal remedies, including but not limited to suspension or termination of this contract, in instances where the Contractor or any of its subcontractors violate or breach any contract term. If the Contractor or any of its subcontractors violate or breach any contract term, they shall be subject to such sanctions and penalties as may be appropriate. The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of Recognized Environmental Conditions (as such term is defined in ASTM E1527-05 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related lender; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated, abated or contained in all material respects prior to the date hereof, and, if and as appropriate, a no further action, completion or closure letter or its equivalent, was obtained from the applicable governmental regulatory authority (or the Environmental Condition affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action or investigation is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the Environmental Condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x, S&P and/or Fitch; (E) a party not related to the Mortgagor was identified as the responsible party for the Environmental Condition and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition at the related Mortgaged Property.

  • Product Warranty and Product Liability Set forth in Schedule 3.14 of the Disclosure Schedule is a true, correct and complete copy of the Company's standard warranty or warranties for sales of its products.

  • Extent of Liability; Contribution (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.

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