Failure to Correct. If Construction Manager fails to correct defective or nonconforming Work, Owner may correct it at the expense of Construction Manager. In addition, if Construction Manager does not proceed with the correction of defective or nonconforming Work within a reasonable period of time, Owner may remove it and store it at the expense of Construction Manager. If Construction Manager fails to pay the cost of such removal and storage within ten (10) calendar days of written notice from Owner, Owner may sell the Work by any means it chooses and, after satisfying its expenses incurred therein, will pay the balance remaining, if any, to Construction Manager. If the proceeds of such a sale do not cover all costs that Construction Manager should have borne, the difference will be charged to Construction Manager.
Failure to Correct. If Supplier fails to correct such defect(s) within the 24 hour period or the time specified in the written notice from CenturyLink, CenturyLink will have the right to cause the defect to be corrected in accordance with the provisions of the order. If, in the reasonable judgment of CenturyLink, the nature of the defect or then existing conditions or demands make it appropriate to effect immediate repairs, and Supplier is not capable of effecting those immediate repairs to CenturyLink’s satisfaction based on CenturyLink’s determination, CenturyLink at its sole option has the discretion to effect immediate repair by CenturyLink or a third party selected by CenturyLink. If CenturyLink or a third party performs the correction, CenturyLink will invoice Supplier for CenturyLink’s costs, including without limitation labor costs, and Supplier will pay CenturyLink for such costs within 30 calendar days after receipt of an invoice.
Failure to Correct. If the Association, the Declarant, or an Owner fails to perform any required act or to desist from taking a prohibited act within the time permitted under this Declaration, or in the absence of such specific time, within thirty (30) days after receiving above described notice of the determination, the Village shall have the right to perform or cause to be performed such maintenance or other action or operations necessary to correct the violation, to xxxxx the prohibited act, to fulfill the conditions of this Declaration or to bring the Property into compliance with such restrictions, regulations and covenants as are being ignored or violated.
Failure to Correct. If the Contractor fails to correct work which is not in accordance with the requirements of the Contract Documents or fails to carry out work in accordance with the Contract Documents, Owner, by written notice, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated.
Failure to Correct. If Design Builder fails to correct defective or nonconforming Work, Owner may correct it at the expense of Design Builder. In addition, if Design Builder does not proceed with the correction of defective or nonconforming Work within a reasonable period of time, Owner may remove it and store it at the expense of Design Builder. If Design Builder fails to pay the cost of such removal and storage within ten (10) calendar days of written notice from Owner, Owner may sell the Work by any means it chooses and, after satisfying its expenses incurred therein, will pay the balance remaining, if any, to Design Builder. If the proceeds of such a sale do not cover all costs that Design Builder should have borne, the difference will be charged to Design Builder.
Failure to Correct. In the event that Seller fails to undertake and prosecute reasonable actions to correct defects after written notice from Purchaser, in accordance with Section 13.3 above, then Purchaser, after providing five (5) Business Days’ Notice to Seller, may correct the defect so that the defective component complies with the requirements of this Agreement, and Seller shall be liable for all Losses incurred by Purchaser in connection with the repair or replacement and shall forthwith pay to Purchaser an amount equal to those Losses upon receipt of invoices with supporting documentation certified by Purchaser. 39
Failure to Correct. If Supplier fails to correct such defect(s) within the 24-hour period or the time specified in the written notice from Brightspeed, Brightspeed will have the right to cause the defect to be corrected in accordance with the provisions of the Order. If, in the reasonable judgment of Brightspeed, the nature of the defect or then existing conditions or demands make it appropriate to effect immediate repairs, and Supplier is not capable of effecting those immediate repairs to Brightspeed’s satisfaction based on Brightspeed’s determination, Brightspeed at its sole option has the discretion to effect immediate repair by Brightspeed or a third party selected by Brightspeed. If Brightspeed or a third party performs the correction, Brightspeed will invoice Supplier for Brightspeed’s costs, including without limitation labor costs, and Supplier will pay Brightspeed for such costs within 30 calendar days after receipt of an invoice.
Failure to Correct. Subject to the good faith dispute provision in Section 12.3, if Municipality fails to correct any non-conforming condition within the applicable time period, (a) Municipality’s authorization to attach its Attachment, Overlashing or Facility to the Poles in question will be immediately revoked, regardless of whether Municipality has activated those Attachments, Overlashings or Facilities, and Municipality must remove those Attachments, Overlashings or Facilities from the Poles in accordance with Article 11, (Revocation of Authorizations), or (b) Frontier will have the right, but not the obligation, to correct the condition and Municipality must pay Frontier the cost of performing the work.
Failure to Correct. If Softwood is unable to correct any problems within 30 days after Licensee has commenced production use of the Software, which time period may be extended by mutual agreement, Licensee’s sole remedy is to terminate this Agreement. Upon such termination, Softwood shall refund all sums, without any deduction whatsoever, paid by Licensee under this Agreement and Licensee shall destroy or return all Licensed Materials to Softwood at Softwood’s expense. Upon compliance with these requirements, neither party hereunder shall have any further liability of any nature whatsoever to the other party. Payment
Failure to Correct. If Seller is (a) unable to (i) remove or correct a New Title Exception described in Section 5.1(a) above to Buyer’s reasonable satisfaction or (ii) obtain Title Company’s commitment to provide title insurance over or with respect to such New Title Exception on or before the Closing Date, or (b) unable or unwilling either to (i) remove or correct a New Title Exception described in Section 5.1(b) above to Buyer’s reasonable satisfaction or (ii) obtain Title Company’s commitment to provide title insurance over or with respect to such New Title Exception on or before the Closing Date, then Buyer shall have the right to terminate this Agreement by delivering to Seller, on or before the Closing Date, a Termination Notice fully completed, executed and dated by Buyer. In such event, the provisions of Section 3.7 with respect to return of the Seller Deliveries and refund of Deposit shall apply. If Buyer does not timely exercise Buyer’s right to terminate this Agreement under this Section, Buyer shall be deemed to have accepted the New Title Exception, which shall then become a Permitted Exception, and Buyer shall remain obligated to proceed to Closing in accordance with this Agreement without reduction in Purchase Price.
