Common use of Deficient Services Clause in Contracts

Deficient Services. In addition to and not in limitation of any other rights and remedies of Owner in connection with the Services, Construction Manager agrees to re-perform and to correct at its sole expense any Services performed by Construction Manager pursuant to this Agreement that fail to comply with the requirements of this Agreement, including any exhibits hereto, and to re-perform and to correct any Services that fail to meet or conform with the standard of care that Construction Manager has accepted pursuant to Paragraph 5 or any of the minimum specifications and standards set forth in Exhibit A. Construction Manager shall reimburse Owner for, or, at Owner’s sole discretion, Owner may offset against any amounts otherwise due to Construction Manager or its affiliates for any additional costs that may be incurred by Owner relating to Construction Manager’s failure to properly perform the Services required by this Agreement.

Appears in 1 contract

Sources: Construction Management Services Agreement (Cleanspark, Inc.)

Deficient Services. In addition to and not in limitation of any other rights and remedies of Owner in connection with the Services, Construction Manager agrees to re-perform and to correct at its sole expense any Services performed by Construction Manager pursuant to this Agreement that fail to comply with the requirements of this Agreement, including any exhibits hereto, and to re-perform and to correct any Services that fail to meet or conform with the standard of care that Construction Manager has accepted pursuant to Paragraph 5 or any of the minimum specifications and standards set forth in Exhibit A. Construction Manager shall reimburse Owner for, or, at Owner’s sole discretion, Owner may offset against any amounts otherwise due to Construction Manager or its affiliates for for, any additional costs that may be incurred by Owner relating to Construction Manager’s failure to properly perform the Services required by this Agreement.

Appears in 1 contract

Sources: Construction Management Services Agreement (Cleanspark, Inc.)