Failure to rectify Sample Clauses

Failure to rectify. Where the Consultant is given notice under Clause 60.1(a) or Clause 60.1(d) and fails to perform the Rectification Work or the Defective Rectification Work (as the case may be), the Client may have the Rectification Work or Defective Rectification Work carried out by others and the Client’s costs incurred under this Clause 60.3 shall be a debt due and payable by the Consultant to the Client.

Failure to rectify. If the Grant Recipient fails to implement the steps set out in Council’s written notice under the clause above, Council shall have the right to terminate this Agreement immediately on giving further written notice and where applicable, may apply its rights under the clause below.

Failure to rectify. If the Service Provider: (a) fails to rectify the Service Provider Default within the time period specified in the Termination Notice served by the Authority (or in accordance with any accepted rectification programme) this Contract shall, subject to the terms of the Senior Lender’s Direct Agreement, terminate on the date falling forty (40) Business Days after the date of receipt of the Termination Notice; (b) fails to implement any rectification programme in accordance with its terms, this Contract shall, subject to the terms of the Direct Agreement, terminate on the date falling forty (40) Business Days after the date of written notification to the Service Provider of such failure by the Authority to the Service Provider.

Failure to rectify. If within fourteen (14) days after notice under Clause 16.1 is given the Engineer fails to provide adequate assurance that the default will be rectified and the Services satisfactorily proceeded with and completed, or to show just cause why the Principal should not exercise its power contained in this clause, then the Principal (without prejudice to any other rights that it may have under this Contract or otherwise) may exercise all or any of the following powers: (a) Suspend payment for Services rendered from the date of the notice given under Clause 16.1 until the default has been remedied, or until an election is made under Clause 16.2(b) or Clause 16.2(c). (b) Take all or any part of the Services remaining to be completed out of the hands of the Engineer or any other person in whose hands or possession the Services or any part may be. (c) Terminate this Contract If the Principal takes action under Clause 16.2(b), the Engineer shall not be entitled to any further payment over and above those payments due in respect of Services rendered up to the time the Services are taken, less all reasonable costs and expenses reasonably and necessarily incurred by the Principal as a direct result of the Engineer's default.

Failure to rectify. If the Supplier is unable or unwilling to rectify a Defect in a Services Deliverable in accordance with the timeframes in clause 13.2 of these Services Terms, and has been given the opportunity to do so, the Customer may by Notice in Writing inform the Supplier of its intention to use a third party correct the Defect in the Services Deliverable. In which case: the Supplier’s obligations under clause 13.2 of these Services Terms are not affected by the use of the third party, but the Supplier is not liable for any loss, damage or expense incurred or suffered by the Customer that is caused by the third party, including damage or any act or omission that causes the need for subsequent repair; the Supplier must provide the third party whatever assistance that may reasonably require to rectify the Defect; and the Supplier is liable to pay all costs reasonably incurred by the Customer under this sub-clause, subject to the limitations on liability in this Supply Contract.

Failure to rectify. 5.1 If the Registered Proprietor fails to rectify the Ongoing Maintenance Works in accordance with the Ongoing Maintenance Works Notice, Council may: (1) issue a further Ongoing Maintenance Works Notice in accordance with the provisions of clause 4, which will apply to the Ongoing Maintenance Works subject to the Rectification Notice; or (2) at its absolute discretion, enter upon the Burdened Land for the purpose of carrying out the Ongoing Maintenance Works in accordance with the Ongoing Maintenance Works Notice, but only after giving the Registered Proprietor five (5) business days written notice of its intention to do so. 5.2 Where Council exercises its step-in rights, Council may call upon the Security provided by the Registered Proprietor to cover the costs incurred by Council in carrying out the Ongoing Maintenance Works.

Failure to rectify. If the Supplier does not rectify the Defect in accordance with cl 9.1, then Telstra may, itself or through a third party, rectify such Defect and the Supplier must reimburse the reasonable costs of such rectification on request by Telstra.