Re-performance. If any part of the Services is not performed in accordance with this Agreement then the Operator shall promptly re-perform or replace the relevant part of the Services without additional charge to the Authority.
Re-performance. Re-performance by CONTRACTOR does not waive COUNTY’S right to terminate for nonperformance and all other remedies for default as may be provided by law.
Re-performance. Town may require Contractor, at Contractor’s sole expense, to re-perform any items of work provided for in this Agreement that do not meet the established specifications, standards, or Town directives.
Re-performance. Any defect in the Work will be rectified by DNV GL with- in a reasonable period of time at DNV GL`s sole cost, provided said defect is not attributable to Customer or Customer Group. In the event that this is unsuccessful, the Customer shall, in addition to his right as per sec- tion 637 of the German Civil Code, have the right to claim a reduction in the contractual price or to withdraw from the Contract. Claims of the Customer for defects shall become time barred one year after acceptance (“Abnahme”) by the Customer of the performance by DNV GL of its obligations, in so far as such defects shall not have been wrongfully concealed by DNV GL or caused by the wilful misconduct of DNV GL.
Re-performance. At the sole discretion of the Government and upon notification to the Contractor, the Contractor will be required to re-perform or perform late any or all defective work disclosed by Government inspection including defective and incomplete performance. Where the Government so elects, the Contractor shall be notified promptly after inspection that specified defective work will be re-performed or performed late, and completed, from Contractor's receipt of inspection checklists, within the re- performance period specified by the Government. In such cases, the Government will re-inspect work designated for re-performance or late performance, and the Contractor may be held liable for any damages sustained by the Government including, for example, the costs associated with re-inspection. Contractor's re-performed work shall comply with the same requirements as the initial work. Acceptance or rejection will be made on the basis of the final reinspection.
Re-performance. If the Company believes that part of the Works is below standard, the Company may at any time during the Contract Period direct the Contractor to re-perform that part of the Works and the Contractor must comply with that direction. If it is found subsequently that the Works were originally performed in accordance with the Contract, the expense incurred in re-performing the Works shall be borne by the Company. If the Works are found not to have been performed in accordance with the Contract, the expense so incurred, including the costs of re-performing the Works and any performance and rectification of other Work shall be borne by the Contractor.
Re-performance. Subject to Sections 6A and 8.1, Sellers’ sole responsibility to Buyer for errors or failures in providing Transition Services will be an obligation to re-perform such Transition Services properly in a diligent manner; provided, however, that each party will use commercially reasonable efforts to detect any such errors or omissions and Buyer will advise Sellers with reasonable promptness of any such error or omission of which it becomes aware. If the re-performance is due to an error in performance by Sellers, such re-performance shall be at no additional cost to Buyer. If the re-performance is due to a failure by Sellers to perform, such re-performance shall be at no additional cost to Buyer over the Fee required to be paid by Buyer pursuant to this Agreement for such Transition Service. Buyer shall submit any request for re-performance of any Transition Service only to Sellers’ point-of-contact.
Re-performance. To the extent Vanderfield is found liable in connection with this Data Agreement, its liability shall be limited (at the option of Vanderfield) to any one or more of the following:
Re-performance. Re-performance by the Contractor does not waive Xxxx Xxxxx Airport’s right to terminate for nonperformance and all other remedies for default as may be provided by law. Estimating the Price of Non-performed or Unsatisfactory Work In accordance with the "Consequences of Contractor’s Failure to Perform Required Services", deductions may be taken for non-performed or unsatisfactory work. In the event the price of non-performed or unsatisfactory work cannot be determined from the prices set out in the Schedule of Deductions, or on the basis of the actual cost to Xxxx Xxxxx Airport, estimated methods may be used. Engineered Performance Standards (EPS) or other estimating sources may be utilized to estimate the cost of non-performed work or the costs that would be incurred in remedying unsatisfactory work. Xxxx Xxxxx Airport may estimate the cost using wage rate and fringe benefits included in the wage determinations included in the contract. Xxxx Xxxxx Airport’s estimates of the Contractor's overhead and profit rates, and Xxxx Xxxxx Airport estimates of material costs if applicable. Liquidated damages, to compensate Xxxx Xxxxx Airport for administrative costs and other expenses resulting from the non-performed or unsatisfactory performance, will be calculated in accordance with the "Consequences of Contractor’s Failure to Perform Required Services". TERMINAL SCHEDULE OF DEDUCTIONS TASK UNIT COST FREQUENCY COST RESTROOMS 15 minute servicing $ Every 15 Mins $ Clean and refill soap and paper goods dispensers $ Daily $ Clean and polish mirrors $ Daily $ Clean and disinfect infant changing tables $ Daily $ Wash toilets, sinks, fixtures, counters, and floors with HydroTech or equivalent equipment $ Daily $ Empty waste containers, change sanitary napkin receptacles $ Daily $ Clean floor drains $ Daily $ Remove graffiti $ Daily $ Unstop toilets $ Daily if needed $ Spot clean doors, handles, and partitions $ Daily $ Wet wash walls, toilet partitions, and door hardware $ Weekly $ Clean metal kick plates and pull bars $ Weekly $ Clean vents with vacuum $ Monthly $ Clean floor grating $ Monthly $ Seal floors (2 coats) $ Monthly $ TERMINAL CARPETING Vacuum all carpeted floor areas (including Jetbridges and rugs) $ Daily $ Remove all gum, tar, and ink $ Daily $ Spot extract all spills and soiled areas $ Daily $ Clean/Extract carpet with Steamin Demon or equivalent (1 section per night to clean entire $ Daily $ carpet in a 1 month period) Contracted application of Dupont Resi...
Re-performance. If any part of the Transfer Services provided or procured by Patheon is not performed in accordance with the terms of this Agreement, then as Client’s sole remedy (whether in contract, tort, equity or otherwise, and subject to the remedies expressly set forth in Section 2.3 and ARTICLE 8) Client may request Patheon to repeat that part of the Transfer Service at Patheon’s cost, provided that:
