Notice of Defective Performance Sample Clauses

Notice of Defective Performance. COUNTY shall notify CONTRACTOR in writing within thirty (30) days after discovering any defects in CONTRACTOR's performance. CONTRACTOR shall promptly take action to correct the problem and to prevent its recurrence. Such corrective action shall be completed and a written report made to the COUNTY concerning such action not later than thirty (30) days after the date of the COUNTY's written notice to CONTRACTOR.
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Notice of Defective Performance. If ESCO is in Major Default of this Agreement, then the Developer, acting reasonably, may issue a Notice specifying that, in its opinion, ESCO's failure to perform its obligations under this Agreement amounts to a Major Default (a "Notice of Defective Performance") and giving the reasons for this and, where the position is capable of being rectified, either:-
Sample 1
Notice of Defective Performance. If ESCo is in Major Default of this Agreement, then the Developer, acting reasonably, may issue a Notice specifying that, in its opinion, ESCo's failure to perform its obligations under this Agreement amounts to a Major Default (a "Notice of Defective Performance") and giving the reasons for this and, where the position is capable of being rectified, either:- specifying a reasonable time limit within which ESCo must commence and complete rectification action to rectify the position (the "ESCo Cure Period"); or during the ESCo Works, notifying ESCo that the Developer shall undertake remedial action itself in accordance with paragraph [ ] Schedule 6Part 2 (Works Obligations), provided the criteria set out therein are satisfied; or during the ESCo Services, notifying ESCo that the Developer shall undertake remedial action itself in accordance with paragraph 5 of Schedule 9 (ESCo Services), provided the criteria set out therein are satisfied.
Sample 1
Notice of Defective Performance. If ESCo is in Major Default of this Agreement, then the Developer, acting reasonably, may issue a Notice specifying that, in its opinion, ESCo's failure to perform its obligations under this Agreement amounts to a Major Default (a "Notice of Defective Performance") and giving the reasons for this and, where the position is capable of being rectified, either:- specifying a reasonable time limit within which ESCo must commence and complete rectification action to rectify the position (the "ESCo Cure Period"); or notifying ESCo that the Developer shall undertake remedial action itself in accordance with paragraph [ ] Schedule 6Sub Schedule 1Part 2 (Works Obligations), provided the criteria set out therein are satisfied.
Sample 1

Related to Notice of Defective Performance

  • Work Performance All work in performance of this Lease shall be done by skilled workers or mechanics and shall be acceptable to the RECO. The RECO may reject the Lessor’s workers 1) if such are unlicensed, unskilled, or otherwise incompetent, or 2) if such have demonstrated a history of either untimely or otherwise unacceptable performance in connection with work carried out in conjunction with either this contract or other Government or private contracts.

  • Software Performance HP warrants that its branded software products will conform materially to their specifications and be free of malware at the time of delivery. HP warranties for software products will begin on the date of delivery and unless otherwise specified in Supporting Material, will last for ninety (90) days. HP does not warrant that the operation of software products will be uninterrupted or error-free or that software products will operate in hardware and software combinations other than as authorized by HP in Supporting Material.

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

  • Contract Performance C19.1 The Contractor shall ensure that:

  • Product Performance Contractor hereby warrants and represents that the Products acquired by the Authorized User under the terms and conditions of this Contract conform to the specifications, performance standards and documentation in the Authorized User Agreement., and the documentation fully describes the proper procedure for using the Products. Contractor further warrants and represents that if the Products acquired by the Authorized User pursuant to an Authorized User Agreement under this Contract include software application development, software application customization, software programming, software integration or similar items (“Software Deliverables”) then such Software Deliverables shall be free from defects in material and workmanship and conform with all requirements of the Contract and Authorized User Agreement for the warranty period of one (1) year from the date of acceptance of the completed project (“Project warranty period”). Contractor also warrants that the Products, in the form provided to the Authorized User, do not infringe any copyright, trademark, trade secret or other right of any third party.

  • Timeliness of Performance Contractor must provide the Services and Deliverables within the term and within the time limits required under this Contract, pursuant to Detailed Specifications or as specified in the applicable Task Order or Purchase Order. Further, Contractor acknowledges that TIME IS OF THE ESSENCE and that the failure of Contractor to comply with the time limits may result in economic or other losses to the City. Neither Contractor nor its agents, employees or Subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

  • TASK ORDER PERIOD OF PERFORMANCE ‌ The period of performance for each Order placed under the Master Contract shall be specified in the individual Order. All the following conditions apply:

  • CONTRACTOR PERFORMANCE Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office.

  • Notice of Defects If, based on Consulting Engineer/Architect's involvement during the construction phase, Consulting Engineer/Architect observes or otherwise becomes aware of any defect in the work, he shall give prompt written notice to City of such defects and their approximate location on the Project. However, Consulting Engineer/Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, inspections and programs in connection with the work, since these are solely the Contractor's responsibility under the contract for construction. Consulting Engineer/Architect shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents. Consulting Engineer/Architect shall not have control over or charge of acts or omissions of the Contractor, Contractor's subcontractors, or their agents or employees.

  • Correction of Defective Work 2.10.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one (1) year from the date of Final Acceptance of the Work or any portion of the Work, or within such longer period to the extent required by the Contract Documents or applicable Legal Requirements or Government Approvals.

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