Remedial Measures. Upon becoming aware of an alleged security breach, Contractor’s Contract Manager must set up a conference call with the Department’s and the Customer’s Contract Manager. The conference call invitation must contain a brief description of the nature of the event. When possible, a thirty (30)- minute notice will be given to allow Department personnel to be available for the call. If the designated time is not practical for the Customer, an alternate time for the call will be scheduled. Contractor must share all available information on the call. The Contractor must answer all questions based on the information known at that time and answer additional questions as additional information becomes known. The Contractor must provide the Department and Customer with final documentation of the incident including all actions that took place. If the Contractor becomes aware of a security breach or security incident outside of normal business hours, the Contractor must notify the Department’s and the Customer’s Contract Manager and in all events, within one business day.
Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report or in the test results referred to in Clause 19.3 and furnish a report in respect thereof to the Independent Engineer and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement.
Remedial Measures. Upon becoming aware of an alleged security breach, Contractor’s Contract Manager must set up a conference call with the Department’s Contract Manager. The conference call invitation must contain a brief description of the nature of the event. When possible, a 30 minute notice will be given to allow Department personnel to be available for the call. If the designated time is not practical for the Department, an alternate time for the call will be scheduled. All available information must be shared on the call. The Contractor must answer all questions based on the information known at that time and answer additional questions as additional information becomes known. The Contractor must provide the Department with final documentation of the incident including all actions that took place. If the Contractor becomes aware of a security breach or security incident outside of normal business hours, the Contractor must notify the Department’s Contract Manager and in all events, within one business day.
Remedial Measures. If a Product becomes the subject of a Claim, or if NACR reasonably believes that use of such Product may become the subject of a Claim, then NACR shall do, at its own expense and option, at least one (1) of the following: (i) procure for CUSTOMER the right to continue use of the Product at no additional cost to CUSTOMER for such right; (ii) replace the Product with a non-infringing product while maintaining the Product’s essential specifications; (iii) modify the Product so that it becomes non-infringing while maintaining the Product’s essential specifications; or (iv) refund to CUSTOMER a pro-rated portion of the applicable purchase price and license fees paid to NACR for the Product (and, where applicable, the fees paid to NACR for Services), based upon a linear monthly depreciation over a five (5)-year useful life, in which case CUSTOMER will both cease all use of the Product and return the Product to NACR. NACR agrees to consider the preceding remedial measures in the order that they are presented above and will select (iv) only with consent of CUSTOMER. Exceptions. NACR will have no defense or indemnity obligation for any Claim to the extent that the Claim is based upon (i) a Product that has been modified by someone other than NACR (or a subcontractor of NACR), if such modification results in the allegation of the infringement; (ii) a Product that has been modified in accordance with either CUSTOMER-provided specifications or instructions, if such modification results in the allegation of the infringement; (iii) use or combination of a Product with Third Party Products, if such use or combination results in the allegation of the infringement; or (iv)
Remedial Measures. 19.4.1 The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report and furnish a report in respect thereof to the Independent Panel and the Authority within 15 (fifteen) days of receiving the O&M Inspection Report; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement.
Remedial Measures. If a Product becomes the subject of a Claim, or if NACR reasonably believes that use of such Product may become the subject of a Claim, then NACR shall do, at its own expense and option, at least one (1) of the following: (i) procure for End User the right to continue use of the Product at no additional cost to End User for such right; (ii) replace the Product with a non-infringing product while maintaining the Product’s essential specifications; (iii) modify the Product so that it becomes non- infringing while maintaining the Product’s essential specifications; or (iv) refund to End User a pro-rated portion of the applicable purchase price and license fees paid to NACR for the Product (and, where applicable, the fees paid to NACR for Services), based upon a linear monthly depreciation over a five (5)-year useful life, in which case End User will both cease all use of the Product and return the Product to NACR. NACR agrees to consider the preceding remedial measures in the order that they are presented above and will select (iv) only with consent of End User.
Remedial Measures. The Concessionaire shall repair or rectify the defects or deficiencies, which have impact on the operations/ efficiency of the Project, if any, set forth in the Post COD Inspection Report and furnish a report in respect thereof to the PMU within 15 (fifteen) days of receiving the Post COD Inspection Report; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports to the PMU of the repair works once every week until such works are completed in conformity with this Agreement. In the event that remedial measures are not completed by the Concessionaire in conformity with the provisions of this Agreement, the PMU/ Authority shall be entitled to recover Damages from the Concessionaire at the rate of 0.1% ( Zero point One percentage) of Performance Security for each day of delay beyond the period specified for rectification of such defect or deficiency by the PMU/ Authority.
Remedial Measures. The TSP shall take all necessary actions for remedying the shortfall in achievement of timely progress in execution of the Project, if any, as intimated by the Independent Engineer and/ or CEA and/ or the Nodal Agency. However, such intimation by the Independent Engineer and/ or CEA and/ or the Nodal Agency and the subsequent effect of such remedial measures carried out by the TSP shall not relieve the TSP of its obligations in the Agreement. Independent Engineer and/ or CEA and/ or the Nodal Agency may carry out random inspections during the Project execution, as and when deemed necessary by it. If the shortfalls as intimated to the TSP are not remedied to the satisfaction of the CEA and/ or the Nodal Agency, this Agreement may be terminated by the Nodal Agency by giving a Termination Notice to the TSP, in writing, of at least seven (7) days, with a copy to CEA and the Lenders’ Representative in order to enable the Lenders to exercise right of substitution in accordance with Article 15.3 of this Agreement.
Remedial Measures. The TSP shall take all necessary actions for remedying the shortfall in achievement of timely progress in execution of the Project,, if any, as intimated by the CEA. However, such intimation by the CEA and the subsequent effect of such remedial measures carried out by the TSP shall not relieve the TSP of its obligations in the Agreement. CEA may carry out random inspections during the Project execution, as and when deemed necessary by it. If the shortfalls as intimated to the TSP are not remedied to the satisfaction of the CEA, it may refer the same to the Appropriate Commission for appropriate action.
Remedial Measures. The Concessionaire shall repair or rectify the defects or deficiencies, if any, set forth in the O&M Inspection Report referred to in Clause 20.3.2 or in the test results referred to in Clause 20.3.3 and furnish a report in respect thereof to the Independent Monitor[s] and the Implementing Authority within 15 (fifteen) days of receiving the O&M Inspection Report or the test results, as the case may be; provided that where the remedying of such defects or deficiencies is likely to take more than 15 (fifteen) days, the Concessionaire shall submit progress reports of the repair works once every week until such works are completed in conformity with this Agreement.
