Re-performance Clause Samples
The Re-performance clause establishes the right or obligation for a service provider to repeat or correct services that were not performed to the agreed standard. In practice, if the client identifies deficiencies or errors in the delivered services, the provider must re-perform the work at no additional cost until it meets the contract requirements. This clause ensures that the client receives the quality of service promised and provides a clear remedy for substandard performance, thereby protecting the client's interests and encouraging accountability from the provider.
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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. 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. In the event of any material breach of this Agreement by Service Provider with respect to any material error or material defect in the provision of any Management Service, Service Provider shall use commercially reasonable efforts to promptly correct such material breach, material error or material defect or, at the request of Aptorum Therapeutics, re-perform such Management Service in a timely manner at the expense Service Provider; provided, that nothing in this Section 4.03 shall limit any other right or remedy of Aptorum Therapeutics hereunder. Aptorum Therapeutics shall have no obligation under Section 1.01 to pay for the Management Service Fees for any such deficient Management Services until such errors have been corrected so that such Management Services, as corrected, satisfy the requirements of Section 1.01 or such Management Services have been re-performed in accordance with the requirements of Section 4.03.
Re-performance. To the extent KMO is found Liable in connection with the Agreement, its Liability shall be limited (at the option of KMO) to any one or more of the following:
(1) re-supplying services to which the Liability relates or the supply of equivalent services; or
(2) reimbursing Client (subject to clause 12.3(b)) for paying someone else to supply the services which the Liability relates.
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. 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. If any part of the Transfer Services provided or procured by Patheon is not materially performed in accordance with the terms of this Agreement, then Pacira’s sole remedy (in addition to those expressly set forth elsewhere in this Agreement (i.e., ARTICLE 8)) will be to request Patheon to repeat that part of the Transfer Service at Patheon’s cost, provided that where the Transfer Services to be repeated requires Pacira supplied Materials, Pacira will provide such Materials.
Re-performance. Re-performance by the Contractor does not waive ▇▇▇▇ ▇▇▇▇▇ Airport’s right to terminate for nonperformance and all other remedies for default as may be provided by law. 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 ▇▇▇▇ ▇▇▇▇▇ 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. ▇▇▇▇ ▇▇▇▇▇ Airport may estimate the cost using wage rate and fringe benefits included in the wage determinations included in the contract. ▇▇▇▇ ▇▇▇▇▇ Airport’s estimates of the Contractor's overhead and profit rates, and ▇▇▇▇ ▇▇▇▇▇ Airport estimates of material costs if applicable. Liquidated damages, to compensate ▇▇▇▇ ▇▇▇▇▇ 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". 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 $ 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 Resistech on newly carpeted areas $ Weekly $ Clean all interior windows and frames $ Daily $ Clean exterior windows facing roadways $ Daily $
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.