Failure to Remedy Defects. If TOMRA fails to remedy or replace the affected Goods pursuant to Clause 7.3 within a reasonable time, a reasonable date may be fixed by the Purchaser, on or by which the Goods are to be remedied or replaced. If TOMRA fails to remedy, re-perform or replace the affected Goods by this notified date, the Purchaser may reject the affected Goods and TOMRA shall repay to the Purchaser any amounts paid hereunder in respect of such Goods or may remedy the Goods itself in which case TOMRA shall pay to the Purchaser all reasonable direct costs incurred by the Purchaser in remedying the Goods– subject to the limitations of liability defined under Clause 11.
Failure to Remedy Defects. If the Contractor fails to comply with any of its obligations under sub-clause 11.A2 or 11.1 (the "Remedial Work") within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the Remedial Work is to be performed. The Contractor shall be given reasonable notice of this date. If the Contractor fails to perform the Remedial Work by this notified date and such Remedial Work was to be executed at the cost of the Contractor under sub-clause 11.2 [Cost of Remedying Defects], the Employer may (at his option):
Failure to Remedy Defects. If the Contractor fails to remedy any damage within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the damage is to be remedied. The Contractor shall be given reasonable notice of this date. If the Contractor fails to remedy the damage by this notified date and this remedial work was to be executed at the cost of the Contractor, following shall be undertaken by the Employer / Engineer:
Failure to Remedy Defects a. If the Concessionaire fails to remedy any defect or damage within a reasonable time, the Authority may fix a date on or by which to remedy the defect or damage, and give the Concessionaire reasonable notice of such date. If the Concessionaire fails to remedy the defect or damage by such date, the Authority may (at its sole discretion):‐
Failure to Remedy Defects. In the event of inability or failure by the Contractor to remedy the Defect within the Cure Period, the Company shall be entitled, at the sole and exclusive discretion of the Company, to do any of the following:
Failure to Remedy Defects. (a) If Contractor fails to remedy any defect and directly resulting damage as soon as reasonably practicable, Owner may give written notice to Contractor requiring Contractor to remedy the defect or damage within a specified reasonable time.
Failure to Remedy Defects. If and to the extent that such work is attributable to any other cause, the Contractor shall be notified promptly by (or on behalf of) the Employer, and Sub-Clause 13.3 [Variation Procedure] shall apply. The Employer shall be entitled subject to Sub-Clause 2.5 [Employer's Claims] to an extension of the Defects Notification Period for the Works or a Section if and to the extent that the Works, Section or a major item of Plant (as the case may be, and after taking over) cannot be used for the purposes for which they are intended by reason of a defect or damage. However, a Defects Notification Period shall not be extended by more than two years. If delivery and/or erection of Plant and/or Materials was suspended under Sub-Clause
Failure to Remedy Defects. If the Contractor fails to remedy any defect within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the defect is to be remedied. The Contractor shall be given reasonable notice of this date. If the Contractor fails to remedy the defect by this notified date and this remedial work was to be executed at the cost of the Contractor under Sub-Clause 11.2 [Cost of Remedying Defects], the Employer may (at his option):
Failure to Remedy Defects. Delete the words "within a reasonable time" in line 1 paragraph 1 and replace by: "within fourteen days".
Failure to Remedy Defects. If the Contractor fails to remedy any defect, deficiency, Nonconformity or damage covered by a warranty under Section 25 of this Schedule 2 [General Conditions] within a reasonable time, then a date may be fixed by Hydro’s Representative on or by which the defect, deficiency, Nonconformity or damage is to be remedied. The Contractor will be given reasonable written notice of this date. If the Contractor fails to remedy the defect, deficiency, Nonconformity or damage by such date and the remedial Work was to be executed at the cost of the Contractor under Section 25 of this Schedule 2 [General Conditions], then BC Hydro may, at its option: carry out the Work using BC Hydro’s own forces or other contractors, in a reasonable manner and at the Contractor’s sole cost and risk. The Contractor will pay to BC Hydro, within 30 days after receipt of an invoice, the costs reasonably incurred by BC Hydro in remedying the defect, deficiency, Nonconformity or damage; or require Hydro’s Representative to determine a reasonable reduction in the Contract Price.
