Service Affecting Defect Sample Clauses
Service Affecting Defect a. Contractor shall respond and begin making required corrections or replacement within four (4) hours of:
i. AT&T's notification, written or otherwise, to Contractor that the Material or Services do not strictly comply with the Specifications and that such non-compliance is a Service Affecting Defect; or ii. the date and time that Contractor becomes aware of a Service Affecting Defect if not notified by AT&T.
b. If Contractor fails to complete required corrections or replacements within twenty-four (24) hours after being requested to do so by AT&T either in writing or otherwise, then AT&T may perform the Work itself or have a third party perform the Work, without voiding warranties provided by Contractor under this Agreement and, at AT&T's option, either i. charge the cost for such corrections or replacements to Contractor, or
ii. deduct the cost for such corrections or replacements from any amounts due Contractor for Material or Services, and iii. in addition, AT&T reserves its right to receive liquidated damages pursuant to Section 3.8 titled “Liquidated Damages and Price Adjustments,” subsection e.
Service Affecting Defect a. Contractor shall respond and begin making required corrections or replacement within four (4) hours of:
i. AT&T’s notification, written or otherwise, to Contractor that the Material or Services do not strictly comply with the Specifications and that such non-compliance is a Service Affecting Defect; or
ii. the date and time that Contractor becomes aware of a Service Affecting Defect if not notified by AT&T.
b. If Contractor fails to complete required corrections or replacements within twenty-four (24) hours after being requested to do so by AT&T either in writing or otherwise, then AT&T may perform the Work itself or have a third party perform the Work, without voiding warranties provided by Contractor under this Agreement and, at AT&T’s option, either
i. charge the cost for such corrections or replacements to Contractor, or
ii. deduct the cost for such corrections or replacements from any amounts due Contractor for Material or Services, and
iii. in addition, AT&T reserves its right to receive liquidated damages pursuant to Section 3.8 titled “Liquidated Damages and Price Adjustments,” subsection e.
c. AT&T shall have no obligation to Accept or pay for any Material or Services which it determines, in its sole discretion, do not conform to the Specifications established in this Agreement or an applicable subordinate agreement or Order.
d. If Contractor fails or refuses to make such repairs and/or re-perform such Services AT&T shall receive a full refund of any amounts paid for such Material and Services.
e. All repairs for defective Contractor-provided Material and or Services prior to the Actualization of MS***** or during the warranty period shall be made *****.
f. Contractor shall diligently pursue the corrections required until completion.
g. If Material and/ or Services are found to be unsatisfactory to AT&T and they have not been corrected or replaced by Contractor within twenty-four hours from AT&T’s written or verbal notice, then AT&T may, in addition to all other rights and remedies provided by law or this Agreement, terminate this Agreement and/or any affected Order without liability to Contractor. THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”.
Service Affecting Defect. “Service Affecting Defect” means any incorrect or incomplete construction or maintenance by Vendor of a Cell Site (or any Material, Services or Deliverables relating thereto) that, if not promptly corrected or completed, is reasonably likely to (i) be a safety hazard to persons having access to a Cell Site, (ii) inhibit proper operation of a Cell Site or satisfaction of the Quality Metrics or Specifications and key performance indicators set forth in this Agreement, or (iii) prevent subsequent work required for “on-air” operation from taking place. For the avoidance of doubt, a Service Affecting Defect shall not include regular or routine failures of Material located at a Cell Site that are not a result of the construction or maintenance of such Cell Site by Vendor.