Non-Conforming Services. The acceptance by City of any non- conforming services under the terms of this Agreement or the foregoing or waiver by City of any of the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of City’s right to conforming services or any rights and/or remedies in respect to any subsequent Breach or Default of the terms of this Agreement. In the event of any Default or Breach of this Agreement by Manager, City shall have the right to pursue any rights and remedies available at law or in equity. The rights and remedies of City provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive.
Non-Conforming Services. The acceptance by the City and the County of any non-conforming goods/services under the terms of this Agreement for the foregoing by the City and the County of any of the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of the City and the County's right to conforming services or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies of the City and the County provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive.
Non-Conforming Services. The acceptance by the R&E Board of any non-conforming goods/services under the terms of this Agreement for the foregoing by the R&E Board of any of the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of the R&E Board’s right to conforming services or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies of the R&E Board provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive.
Non-Conforming Services. For any WaTech-provided services which fail to conform to the specifications of this Agreement or a TOS, and such failure is caused solely by the negligence of WaTech, no charge will be invoiced. If both parties are negligent, the parties agree to apportion between them the damage attributable to the actions of each. Customer is solely responsible for any damage caused in whole or in part by inaccurate or inadequate data, programs, or software furnished by Customer to WaTech.
Non-Conforming Services. Within thirty (30) days of delivery of the Product, Client shall inform KBI Biopharma of any material non-conformity with required specifications set forth in the Proposal, as may be further provided in the Quality Agreement. In the event that such non-conformity is attributable to KBI’s breach of its obligations under this Agreement, then, as Client’s initial remedy, KBI Biopharma shall, subject to Client providing the active pharmaceutical ingredient, biological material or other source materials, as applicable, re-perform such non-conforming Services as soon as possible with no additional fees to Client. If upon repeat of the Services, KBI Biopharma is unable to deliver a conforming Product, either party may terminate this Agreement or if the Parties so agree, they shall work together in good faith generate a Product that conforms to the specifications.
Non-Conforming Services. Within thirty (30) days of delivery of any deliverable in connection with the Services (“Deliverable”), Client shall inform KBI Biopharma of any material non-conformity with (i) the specifications (the “Specifications”) set forth in the Proposal, the Quality Agreement or otherwise mutually agreed upon in writing and (ii) the requirements of this Agreement ((i) and (ii) are collectively, the “Product Requirements”). Any failure of a Deliverable to meet the Product Requirements due to causes which are reasonably within KBI Biopharma’s control shall be deemed a “Defective Deliverable”). As Client’s sole and exclusive remedy for a Defective Deliverable, KBI Biopharma shall, subject to Client providing the replacement active pharmaceutical ingredient or other source materials, as applicable, promptly re-perform such non-conforming Services and deliver a replacement Deliverable that meets the Product Requirements with no additional fees to Client. A Deliverable shall be deemed “Accepted” upon the earlier of (a) Client delivering written notice to KBI Biopharma that the Deliverable meets the applicable Specifications and Product Requirements or (b) Client failing to notify KBI Biopharma of a Defective Deliverable within the applicable thirty (30) day period specified in this Section 3.4. [***]Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. Confidential treatment has been requested with respect to this information.
Non-Conforming Services. If, in Newmont’s sole reasonable determination, Services do not materially conform to Supplier’s warranties set forth herein (“Non-Conforming Services”), Newmont may give Supplier Notice thereof, within sixty (60) days from Newmont’s acceptance of such Service, determined as provided in Section 6.1, and Supplier shall promptly, at Supplier’s sole cost and expense, re-perform such Non-Conforming Services to Newmont’s reasonable satisfaction. Supplier shall, upon receipt of Newmont’s Notice, promptly furnish, at no cost to Newmont, all labor, equipment, supervision, and materials at the jobsite necessary to correct the Non-Conforming Services. All re-performed Services shall themselves be subject to Supplier’s warranties set forth herein, and Supplier’s obligations under this Section 5.5 for a period of sixty (60) days from Newmont’s acceptance of the re-performed Services, determined as provided in Section 5.3.
Non-Conforming Services. The acceptance by the RCRRA of any non-conforming services under the terms of this Agreement or the foregoing by the RCRRA of any of the rights or remedies arising under the terms of this agreement shall not constitute a waiver of the RCRRA's right to conforming services or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies of the RCRRA provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive.
Non-Conforming Services. For any DOP-provided services which fail to conform to the specifications of this Agreement or Work Order hereto, and such failure is caused solely by the negligence of DOP, no charge will be invoiced. If both parties are negligent, they agree to apportion between them the cost or damages attributable to the actions of each. Customer is solely responsible for any cost or damages caused in whole or in part by inaccurate or inadequate information furnished by Customer or Customer’s subcontractors to DOP.
Non-Conforming Services. 9.2.1 The Contractor must immediately notify the University if it becomes aware of (or suspects) any error or omission in performing the Services and must promptly rectify such error or omission at its own cost.
