Failure to Rectify Sample Clauses

Failure to Rectify. If the Supplier does not rectify the Defect in accordance with cl 9.1, then Amplitel may, itself or through a third party, rectify such Defect and the Supplier must reimburse the reasonable costs of such rectification on request by Amplitel.
Sample 1
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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.
Sample 1
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.
Sample 1
Failure to Rectify. If in the case of a Service Provider Default within limbs (a), (h), (l), (q) or (r) of the definition of that term:
Sample 1
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.
Sample 1
Failure to Rectify. If the Service Provider:
Sample 1
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:
Sample 1
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Related to Failure to Rectify

  • Failure to Remedy If the LHIN has provided the HSP with an opportunity to remedy the breach, and:

  • 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.

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.

  • Failure to Report No compensation shall be granted for the total period of standby if the employee is unable to report for duty when required.

  • Failure to Reach Agreement If Company and Seller are unable to agree upon and execute a Performance Standards Revision Document within 180 Days of Company's written notice to Seller pursuant to Section 23.4 (Performance Standards Revision Document), Company shall have the option of declaring the failure to reach agreement on and execute such Performance Standards Revision Document to be a dispute and submit such dispute to an Independent Evaluator for the conduct of a determination pursuant to Section 23.10 (Dispute) of this Agreement. Any decision of the Independent Evaluator, rendered as a result of such dispute shall include a form of a Performance Standards Revision Document as described in Section 23.4 (Performance Standards Revision Document). PUC Performance Standards Revision Order. No Performance Standards Revision Document shall constitute an amendment to the Agreement unless and until a PUC Performance Standards Revision Order issued with respect to such Document has become non-appealable. Once the condition of the preceding sentence has been satisfied, such Performance Standards Revision Document shall constitute an amendment to this Agreement. To be "non-appealable" under this Section 23.6 (PUC Performance Standards Revision Order), such PUC Performance Standards Revision Order shall be either (i) not subject to appeal to any Circuit Court of the State of Hawai‘i or the Supreme Court of the State of Hawai‘i, because the thirty (30) Day period (accounting for weekends and holidays as appropriate) permitted for such an appeal has passed without the filing of notice of such an appeal, or (ii) affirmed on appeal to any Circuit Court of the State of Hawai‘i or the Supreme Court, or the Intermediate Appellate Court upon assignment by the Supreme Court, of the State of Hawai‘i, or affirmed upon further appeal or appellate process, and is not subject to further appeal, because the jurisdictional time permitted for such an appeal (and/or further appellate process such as a motion for reconsideration or an application for writ of certiorari) has passed without the filing of notice of such an appeal (or the filing for further appellate process).

  • Failure to Vacate If the Resident does not vacate the Residence on the expiry or early termination of this Agreement, (i) the Resident is liable for any financial loss sustained or incurred by the Institution or the Manager, and (ii) the Manager may remove the property of the Resident from the Room (whether or not the Resident is present at the time), and place the property in temporary storage in a location in the Residence of the Manager’s choice, at the Resident’s expense, without notice to the Resident and without liability to the Manager for any damage to or loss of the Resident’s property.

  • Failure to Comply 8.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer thirty (30) days written notice of the failure or default, then in each such case:

  • Failure to Complete If Artist becomes ill, dies, or is otherwise unable or unwilling to complete the Project in accordance with the Agreement, any work already done on the Project will be the City’s property. The City will be entitled to withhold any sums not yet paid to Artist, and may use any such sums toward completion of the Project in any manner the City deems appropriate.

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Failure to Defend If the Indemnifying Party, within a reasonable time after notice of any such Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

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