Nonconforming and Defective Work Sample Clauses

Nonconforming and Defective Work. 28 6.7.1 If Nonconforming Work is discovered, ADOT will have the right, 29 exercisable in its sole discretion, to direct Developer, at Developer’s sole cost and 30 without Claim of any kind against ADOT, to rectify the Nonconforming Work so that it 31 complies with the Contract Documents. For the avoidance of doubt, ADOT's sole 32 discretion applies to its decision whether to require rectification of Nonconforming Work; 33 whether Nonconforming Work has occurred is not a matter within ADOT's sole 34 discretion.
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Nonconforming and Defective Work. 7.2.1 Developer shall be responsible for the rectification of all Nonconforming Work including, to the extent necessary, through removal and/or replacement, whether discovered by Developer or by the Authority.
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Nonconforming and Defective Work. 4.3.1 As directed by the Department in its sole discretion and as specified in the Contract Documents, the Developer shall be responsible for removing, replacing and otherwise correcting Nonconforming Work discovered by the Department. If the Department elects to accept Nonconforming Work, the Department may recover the amounts determined under [Section of Division __].
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Nonconforming and Defective Work. (a) The Development Entity shall be responsible for the rectification of all Nonconforming Work and Defects, including, to the extent necessary, through removal and/or replacement, whether discovered by the Development Entity or by the Department. For the avoidance of doubt, performance of any Required Actions in accordance with Section 25.3 (Action by Department) shall not in any respect diminish or derogate from the Development Entity’s obligations under this Section 7.2 (Nonconforming and Defective Work).
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Nonconforming and Defective Work. 4.3.1 If Nonconforming Work is discovered, the Department shall have the right, in its sole discretion, to direct Developer, at Developer’s sole cost and without Claim of any kind against the Department, to remove, replace and otherwise correct the Nonconforming Work. If the Department elects to accept Nonconforming Work, the Department may recover from Developer 100% of the cost savings of Developer or the Lead Contractor associated with its failure to perform the Work in accordance with requirements of the Contract Documents (in addition to any other adjustment of the Milestone Payment or Availability Payments). In determining cost savings, the Parties shall take into account (a) all avoided costs, including avoided design, material, equipment, labor, construction, testing, commissioning, acceptance and overhead costs and avoided costs due to time savings, (b) all the savings in financing costs associated with such avoided costs, and (c) the net present value of increases, if any, in operations, maintenance and Renewal Work costs that Developer will incur as a result of the Nonconforming Work. Developer shall bear the burden of proving such increased costs. Net present value shall be determined by using the Original Equity IRR as the discount rate.
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Nonconforming and Defective Work. (a) The Developer shall rectify all Nonconforming Work and Defects, including, to the extent necessary, through removal or replacement, whether discovered by the Developer or the District.
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Nonconforming and Defective Work. 6.6.1 If Nonconforming Work is discovered, KYTC will have the right, exercisable in its sole discretion, to direct DBT, at DBT’s sole cost and without the right to an increase in the Contract Price, a Completion Deadline adjustment or a Claim of any kind, to rectify the Nonconforming Work so that it complies with the Contract Documents. For the avoidance of doubt, KYTC's sole discretion applies to its decision whether to require rectification of Nonconforming Work; whether Nonconforming Work has occurred is not a matter within KYTC's sole discretion.
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Related to Nonconforming and Defective Work

  • Defective Work Work that, for any reason, is not in compliance with the Contract Documents. Defective Work is usually identified in a Notice of Non-Compliant Work.

  • ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3.1 The State may accept defective or nonconforming Work pursuant to Paragraph 13.2.1

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

  • Unsafe Work Conditions No employee shall be disciplined for refusal to work on an assignment which, in the opinion of:

  • DEFECTIVE GOODS 20.1 Notwithstanding any certificate and/or receipt that may have been issued by or on behalf of Transnet either in South Africa or overseas, Goods will be accepted at the place of delivery or at the port of shipment, as specified in this Agreement, only as regards outward condition of packages and Transnet retains the right to reject the Goods supplied, on or after arrival at the place to which they are consigned, or after they have been placed in use in South Africa, should they be found defective.

  • Warranty Work Failure by the Contractor to take corrective action within twenty four (24) hours after personal or telephonic notice by the County's OC Public Works on items affecting essential use of the facility, safety or the preservation of property, and within ten (10) calendar days following written notice on other deficiencies, will result in the County taking whatever corrective action it deems necessary. All costs resulting from such action by the County will be claimed against Contractor or, if necessary, the Contractor's Performance Bond.

  • Inspection and Rejection of Nonconforming Goods (a) Buyer shall inspect the goods within five days of receipt (“Inspection Period”). Xxxxx will be deemed to have accepted the goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes documentation reasonably required by Seller. “

  • Defective Product Seller must guarantee a return for all defective products. a) Goods rejected by Buyer for whatever reason shall be held, transported and/or stored at Seller’s sole expense. Seller shall promptly reimburse Buyer for any such expenses. B) Defective product purchase COD will be returned COD to Seller or COD check will be cancelled, at Buyer’s discretion. c) Seller is responsible for all costs associated RoHS noncompliance returns and will accept a full return for all parts not meeting RoHS compliance criteria if necessary. d) Seller is 100% responsible for all monetary and/or rework costs associated with product failures in addition to any further cost whatsoever associated with product failures. e) If suspect parts/counterfeit parts are furnished under this agreement such parts shall be impounded by Buyer. Buyer may provide a sample batch Supplier for verification and authentication. In addition, Buyer reserves the right to send such items to the appropriate manufacturer and appropriate authorities for investigation. f) Seller shall be liable for all costs relating to impound, investigation, removal, or replacement of suspect/counterfeit parts.

  • Project Deliverables The Contractor shall provide each of the following deliverables in writing to the City for review and approval to achieve the project objectives.

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