Common use of Rejection Clause in Contracts

Rejection. If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the provisions of this Agreement, the Authority’s Engineer shall reject the Plant, Materials, design or workmanship by giving notice to the Contractor, with reasons. The Contractor shall then promptly make good the Defect and ensure that the rejected item complies with the requirements of this Agreement. If the Authority’s Engineer requires the Plant, Materials, design or workmanship to be retested, the tests shall be repeated under the same terms and conditions, as applicable in each case. If the rejection and retesting cause the Authority to incur any additional costs, such cost shall be recoverable by the Authority from the Contractor; and may be deducted by the Authority from any monies due to be paid to the Contractor.

Appears in 53 contracts

Samples: Contract Agreement, Contract Agreement, Draft Contract Agreement

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Rejection. If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the provisions of this Agreement, the Authority’s Engineer shall reject the Plant, Materials, design or workmanship by giving notice to the Contractor, with reasons. The Contractor shall then promptly make good the Defect and ensure that the rejected item complies with the requirements of this Agreementthattherejecteditemcomplieswiththerequirementsof thisAgreement. If the Authority’s Engineer requires the Plant, Materials, design or workmanship to be retested, the tests shall be repeated under the same terms and conditions, as applicable in each case. If the rejection and retesting cause the Authority to incur any additional costs, such cost shall be recoverable by the Authority from the Contractor; and may be deducted by the Authority from any monies due to be paid to the Contractor.

Appears in 5 contracts

Samples: Drafit Concession Agreement, Draft Contract Agreement, Draft Contract Agreement

Rejection. If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the provisions of this Agreement, the Authority’s Authority‟s Engineer shall reject the Plant, Materials, design or workmanship by giving notice to the Contractor, with reasons. The Contractor shall then promptly make good the Defect and ensure that the rejected item complies with the requirements of this Agreement. If the Authority’s Authority‟s Engineer requires the Plant, Materials, design or workmanship to be retested, the tests shall be repeated under the same terms and conditions, as applicable in each case. If the rejection and retesting cause the Authority to incur any additional costs, such cost shall be recoverable by the Authority from the Contractor; and may be deducted by the Authority from any monies due to be paid to the Contractor.

Appears in 5 contracts

Samples: Procurement and Construction Agreement, Agreement, Draft Contract Agreement

Rejection. If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the provisions of this Agreement, the AuthorityEmployer’s Engineer shall reject the Plant, Materials, design or workmanship by giving notice to the Contractor, with reasons. The Contractor shall then promptly make good the Defect and ensure that the rejected item complies with the requirements of this Agreement. If the AuthorityEmployer’s Engineer requires the Plant, Materials, design or workmanship to be retested, the tests shall be repeated under the same terms and conditions, as applicable in each case. If the rejection and retesting cause the Authority Employer to incur any additional costs, such cost shall be recoverable by the Authority Employer from the Contractor; and may be deducted by the Authority Employer from any monies due to be paid to the Contractor.

Appears in 3 contracts

Samples: And Construction Agreement, Contract Agreement for Design and Construction, Contract Agreement

Rejection. If, as a result of an examination, inspection, measurement or testing, any Plantplant, Materialsmaterials, design or workmanship is found to be defective or otherwise not in accordance with the provisions of this Agreement, the Authority’s Independent Engineer shall reject the Plantplant, Materialsmaterials, design or workmanship by giving notice to the ContractorConcessionaire, with reasons. The Contractor Concessionaire shall then promptly make good the Defect and ensure that the rejected item complies with the requirements of this Agreement. If the Authority’s Independent Engineer requires the Plantplant, Materialsmaterials, design or workmanship to be retested, the tests shall be repeated under the same terms and conditions, as applicable in each case. If the rejection and retesting cause the Authority to incur any additional costs, such cost shall be recoverable by the Authority from the ContractorConcessionaire; and may be deducted by the Authority from any monies due to be paid to the ContractorConcessionaire.

Appears in 2 contracts

Samples: Escrow Agreement, Draft Concession Agreement

Rejection. If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the provisions of this Agreement, the Authority’s 's Engineer shall reject the Plant, Materials, design or workmanship by giving notice to the Contractor, with reasons. The Contractor shall then promptly make good the Defect and ensure that the rejected item complies with the requirements of this Agreement. If the Authority’s 's Engineer requires the Plant, Materials, design or workmanship to be retested, the tests shall be repeated under the same terms and conditions, as applicable in each case. If the rejection and retesting cause the Authority to incur any additional costs, such cost shall be recoverable by the Authority from the Contractor; and may be deducted by the Authority from any monies due to be paid to the Contractor.

Appears in 1 contract

Samples: Draft Contract Agreement

Rejection. If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the provisions of this Agreement, the Authority’s Engineer shall reject the Plant, Materials, design or workmanship by giving notice to the Contractor, with reasons. The Contractor shall then promptly make good the Defect and ensure that the rejected item complies with the requirements of this Agreement. If the Authority’s Engineer requires the Plant, Materials, design or workmanship to be retestedre- tested, the tests shall be repeated under the same terms and conditions, as applicable in each case. If the rejection and retesting cause the Authority to incur any additional costs, such cost shall be recoverable by the Authority from the Contractor; and may be deducted deduct- ed by the Authority from any monies due to be paid to the Contractor.

Appears in 1 contract

Samples: Draft Contract Agreement

Rejection. If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the provisions of this Agreement, the Authority’s Employer‟s Engineer shall reject the Plant, Materials, design or workmanship by giving notice to the Contractor, with reasons. The Contractor shall then promptly make good the Defect and ensure that the rejected item complies with the requirements of this Agreement. If the Authority’s Employer‟s Engineer requires the Plant, Materials, design or workmanship to be retested, the tests shall be repeated under the same terms and conditions, as applicable in each case. If the rejection and retesting cause the Authority Employer to incur any additional costs, such cost shall be recoverable by the Authority Employer from the Contractor; and may be deducted by the Authority Employer from any monies due to be paid to the Contractor.

Appears in 1 contract

Samples: Procurement and Construction Agreement

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Rejection. If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the provisions of this Agreement, the Authority’s Engineer shall reject the Plant, Materials, design or workmanship by giving notice to the Contractor, with reasons. The Contractor shall then promptly make good the Defect and ensure that the rejected item complies with the requirements of this AgreementthattherejecteditemcomplieswiththerequirementsofthisAgreement. If the Authority’s Engineer requires the Plant, Materials, design or workmanship to be retested, the tests shall be repeated under the same terms and conditions, as applicable in each case. If the rejection and retesting cause the Authority to incur any additional costs, such cost shall be recoverable by the Authority from the Contractor; and may be deducted by the Authority from any monies due to be paid to the Contractor.

Appears in 1 contract

Samples: Draft Contract Agreement

Rejection. If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the provisions of this Agreement, the Authority’s Engineer shall reject the Plant, Materials, design or workmanship by giving notice to the Contractor, with reasons. The Contractor shall then promptly make good the Defect and ensure that the rejected item complies it emcomplies with the requirements of this Agreement. If the Authority’s Engineer requires the Plant, Materials, design or workmanship to be retested, the tests shall be repeated under the same terms and conditions, as applicable in each case. If the rejection and retesting cause the Authority to incur any additional costs, such cost shall be recoverable by the Authority from the Contractor; and may be deducted by the Authority from any monies due to be paid to the Contractor.

Appears in 1 contract

Samples: nhidcl.com

Rejection. If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the provisions of this Agreement, the AuthorityEmployer’s Engineer shall reject the Plant, Materials, design or workmanship by giving notice to the Contractor, with reasons. The Contractor shall then promptly make good the Defect and ensure that the rejected item complies with the requirements of this Agreement. If the AuthorityEmployer’s Engineer requires the Plant, Materials, design or workmanship to be retested, the tests Tests shall be repeated under the same terms and conditions, as applicable in each case. If the rejection and retesting cause the Authority Employer to incur any additional costs, such cost shall be recoverable by the Authority Employer from the Contractor; and may be deducted by the Authority Employer from any monies due to be paid to the Contractor.

Appears in 1 contract

Samples: Epc Contract Agreement

Rejection. If, as a result of an examination, inspection, measurement or testing, any Plantplant, Materialsmaterials, design or workmanship is found to be defective or otherwise not in accordance with the provisions of this AgreementContract, the Authority’s Engineer Authority and its representatives shall reject the Plantplant, Materialsmaterials, design or workmanship by giving notice to the ContractorDeveloper, with reasons. The Contractor Developer shall then promptly make good the Defect defect and ensure that the rejected item complies with the requirements of this AgreementContract. If the Authority’s Engineer Authority and its representatives requires the Plantplant, Materialsmaterials, design or workmanship to be retested, the tests shall be repeated under the same terms and conditions, as applicable in each case. If the rejection and retesting cause the Authority to incur any additional costs, such cost shall be recoverable by the Authority from the ContractorDeveloper; and may be deducted by the Authority from any monies due to be paid to the ContractorDeveloper.

Appears in 1 contract

Samples: Construction Contract

Rejection. If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the provisions of this Agreement, the Authority’s Engineer shall reject the Plant, Materials, design or workmanship by giving notice to the Contractor, with reasons. The Contractor shall then promptly make good the Defect and ensure that the rejected item complies with the requirements of this Agreement. If the Authority’s Engineer requires the Plant, Materials, design or workmanship to be retested, the tests shall be repeated under the same terms and conditions, as applicable in each case. If the rejection and retesting cause the Authority to incur any additional costs, such cost shall be recoverable by the Authority from the Contractor; and may be deducted by the Authority from any monies due to be paid to the Contractor.

Appears in 1 contract

Samples: Draft Contract Agreement

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