Remedy of Deficiencies Sample Clauses

Remedy of Deficiencies. If Starwood determines that there is a Deficiency, Starwood will notify Vistana of the Deficiency and the parties will work together to identify potential resolutions for, and agree on the measures that Vistana will take to resolve, such Deficiency.
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Remedy of Deficiencies. With respect to any Deliverable containing a Deficiency, SciQuest's sole recourse and Requisite's sole obligation shall be the prompt modification of such Deliverable in order to conform such Deliverable in all material respects to the applicable Specifications, provided that such Deficiency is not due to a defect, contradiction, inconsistency or other flaw in the Specifications requested by SciQuest or any other material supplied by SciQuest. Requisite agrees to modify, at its sole expense, the Deliverable in order to remedy any Deficiencies promptly after receipt of a timely deficiency notice from SciQuest, or within such longer period as the parties may agree. After delivery of such modified Deliverable to SciQuest, SciQuest shall have fifteen (15) business days to review or retest the Deliverable (testing to be performed as set forth in Section 3(b)). By the day of completion of such review or re-testing period, SciQuest may either: (i) deliver a Deficiency report to Requisite, and modification and re-testing of the Deliverable shall recommence; or (ii) as SciQuest's sole remedy, return the Deliverable to Requisite and the applicable Task Order shall be deemed terminated. Failure of SciQuest to do any of the foregoing, shall be deemed an acceptance.
Sample 1
Remedy of Deficiencies. In the event that Company observes any deficiencies in Contractor’s compliance with the HSE requirements defined herein, Company will notify Contractor, and Contractor shall promptly remedy the noted deficiencies. In the event that Contractor fails to promptly remedy such deficiencies, Company may suspend Contractor’s performance of Work or any part thereof until such time as Contractor is in full compliance with the terms of this agreement. No standby charges or other charges shall be applicable during the suspension. All costs incurred by Contractor during or as a result of such suspension shall be for Contractor’s account. Company’s failure to notify Contractor in accordance with this clause shall not act as a release or waiver of Contractor’s obligation to comply with all of the provisions of this agreement.
Sample 1

Related to Remedy of Deficiencies

  • REMEDY OF DEFECTS (a) The BUILDER shall remedy, at its expense, any Defect against which the VESSEL is guaranteed under this Article, by making all necessary repairs or replacements at the Shipyard.

  • Waiver; Deficiency Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.

  • No Event of Default; Compliance with Instruments No event has occurred and is continuing and no condition exists or will exist after giving effect to the borrowings or other extensions of credit to be made on the Closing Date under or pursuant to the Loan Documents which constitutes an Event of Default or Potential Default. None of the Loan Parties or any Subsidiaries of any Loan Party is in violation of (i) any term of its certificate of incorporation, bylaws, certificate of limited partnership, partnership agreement, certificate of formation, limited liability company agreement or other organizational documents or (ii) any material agreement or instrument to which it is a party or by which it or any of its properties may be subject or bound where such violation would constitute a Material Adverse Change.

  • Anti-Deficiency Act The Department's obligations and responsibilities under the terms of the Contract and the Contract Documents are and shall remain subject to the provisions of (i) the federal Anti-Deficiency Act, 31 U.S.C. §§1341, 1342, 1349, 1350, 1351, (ii) the D.C. Code 47-105, (iii) the District of Columbia Anti-Deficiency Act, D.C. Code §§ 47- 355.01 - 355.08, as the foregoing statutes may be amended from time to time, and (iv) Section 446 of the District of Columbia Home Rule Act. Neither the Contract nor any of the Contract Documents shall constitute an indebtedness of the Department, nor shall it constitute an obligation for which the Department is obligated to levy or pledge any form of taxation, or for which the Department has levied or pledged any form of taxation. IN ACCORDANCE WITH § 446 OF THE HOME RULE ACT, D.C. CODE § 1-204.46, NO DISTRICT OF COLUMBIA OFFICIAL IS AUTHORIZED TO OBLIGATE OR EXPEND ANY AMOUNT UNDER THE CONTRACT OR CONTRACT DOCUMENTS UNLESS SUCH AMOUNT HAS BEEN APPROVED, IS LAWFULLY AVAILABLE AND APPROPRIATED BY ACT OF CONGRESS.

  • No Event of Default No Default or Event of Default has occurred and is continuing.

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

  • No Events of Default No Event of Default has occurred and is continuing nor has any event occurred which, with the giving of notice or the passage of time, or both, would constitute an Event of Default.

  • No Conflict, Breach, Violation or Default The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Securities will not conflict with or result in a breach or violation of any of the terms and provisions of, or constitute a default under (i) the Company’s Articles of Incorporation or the Company’s Bylaws, both as in effect on the date hereof (true and complete copies of which have been made available to the Investor through the XXXXX system), or (ii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Subsidiary or any of their respective assets or properties, or (b) any agreement or instrument to which the Company or any Subsidiary is a party or by which the Company or a Subsidiary is bound or to which any of their respective assets or properties is subject.

  • Obtain Deficiency If Lender chooses to sell any or all of the Collateral, Lender may obtain a judgment against Grantor for any deficiency remaining on the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this Agreement. Grantor shall be liable for a deficiency even if the transaction described in this subsection is a sale of accounts or chattel paper.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

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