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. 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. 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. 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. 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:
(1) re-supplying services to which the liability relates or the supply of equivalent services; or
(2) reimbursing the Customer (subject to subclause 6.3(b)) for paying someone else to supply the services which the liability relates.
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. 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:
(a) where the Transfer Services to be repeated require Client-Supplied Materials, Client will provide such Client-Supplied Materials;
(b) where the Transfer Services to be repeated require the supply of additional Patheon-Supplied Materials, Patheon will provide any Patheon-Supplied Materials at its cost and at no additional cost to Client;
(c) in the event that any loss of Client-Supplied Materials has arisen from the [***] of Patheon in its performance of this Agreement prior to the Manufacture of process validation batches (having regard to the nature of this Agreement and that at this stage of the Transfer Services, the process for commercial Manufacture will not have been established and errors of judgement and *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. mistakes may be made in good faith in establishing the same), in each calendar year (or part thereof) Patheon will reimburse Client for losses of Client-Supplied Materials at cost, up to a maximum amount of either (i) [***] in the case of [***], or (ii) [***] in the case of [***], of the total [***] received by or payable to Patheon pursuant to this Agreement in that calendar year or part thereof (for the avoidance of doubt sub-Sections (i) and (ii) shall not be additive); and
(d) in the event that any loss of Client-Supplied Materials has arisen from the [***] of Patheon in its performance of this Agreement during the Manufacture of process validation or subsequent batches, in each calendar year (or part thereof) Patheon will reimburse Client for losses of Client-Supplied Materials at cost, up to a maximum amount of [***] of the total [***] received by or payable to Patheon pursuant to this Agreement in that calendar year (or part thereof).
(e) For the first [***]period after the Effective Date, as Patheon will not have received [***] for a full [***] period, the amount of the [***] for the purpose of the limitation of liability in this Section shall be calcul...
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 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