Right to Carry Out the Work. If, within five (5) Days after receiving written demand from Owner Parties to diligently prosecute all or any part of the Work, Contractor fails or neglects to carry out such Work promptly and in accordance with the Contract Documents, Owner may, and without prejudice to any other remedy, make good Contractor’s deficiencies. If Owner carries out Work as set forth above, Owner Parties shall issue an appropriate Change Order deducting from the Contract Sum the cost of correcting such deficiencies, including compensation for Owner Parties’ additional services due to such deficiency. If, at the time Owner issues the deductive Change Order, the payments due Contractor are insufficient to cover the deduction in the Contract Sum, Contractor shall immediately pay to Owner the difference.
Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to correct such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, a Change Order shall be issued deducting the cost of correction from payments due the Contractor.
Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a 10-day period after receipt of written notice from the County or such shorter time as may be reasonable under the circumstances, to commence and continue correction of such default or neglect with diligence and promptness, the County may, without prejudice to other remedies the County may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including the County’s expenses, and any additional architect or engineering costs necessary by Contractor’s default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the County upon demand.
Right to Carry Out the Work. In addition to the remedies available to the City in Sections 23, 24, and 25 of the Agreement, if Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten (10) day period after receipt of written notice from the City or such shorter time as may be reasonable under the circumstances and is clearly stated in the City’s written notice, to commence and continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case an appropriate Change Order shall be issued by the City deducting from payments then or thereafter due Contractor the actual cost of correcting such deficiencies for which the City provided Contractor notice, including, but not limited to, the City’s actual expenses, and any additional architect or engineering costs necessary due to the Contractor’s default, neglect, or failure. If payments then or thereafter due Contractor are not sufficient to cover such amounts, Contractor shall pay the difference to the City upon written demand.
Right to Carry Out the Work. If Contractor defaults or neglects to carry out the Work in accordance with this Agreement and fails within a ten (10) day period after receipt of notice from Broward Health to commence and continue correction of such default or neglect with diligence and promptness, Broward Health may, without prejudice to any other remedies Broward Health may have, correct such default, deficiency, or neglect. Broward Health may withhold or nullify payment in whole or in part, to the extent reasonably necessary to reimburse Broward Health for the reasonable cost of correcting such deficiencies, including Broward Health’s expenses and compensation for the additional services made necessary by such default, deficiency, neglect, or failure. If payments then or thereafter due to the Contractor are not sufficient to cover such amounts, Contractor shall pay the difference to Broward Health immediately upon written demand.
Right to Carry Out the Work. 3.4.1 If the Design/Builder fails or neglects to carry out the Work in accordance with the Contract Documents and fails within five (5) days after receipt of written notice from Owner to commence and continue correction of such failure or neglect with diligence and promptness, the Owner may after such five (5) day period and without further notice and without prejudice to any other remedy Owner may have, make good such failure of performance by the Design/Builder. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Design/Builder the cost of correcting deficiencies in the Work and/or failure of performance, including compensation for any architect's additional services made necessary by such neglect or failure, and further including Owner's internal costs and expenses, plus an additional fifteen percent (15%) of all such cost and expenses associated with carrying out such work, as overhead. If the payments then or thereafter due the Design/Builder are not sufficient to cover such amount, the Design/Builder shall pay the difference to the Owner.
Right to Carry Out the Work. If Contractor defaults under this Agreement or neglects to carry out the Work in accordance with this Agreement and fails within a seven (7) Day period after receipt of written notice from Owners to take steps to commence and continue curing such default or neglect with diligence and promptness, Owners, without prejudice to any other rights or remedies Owners may have under this Agreement, including declaring Contractor in default, and with or without terminating this Agreement, may correct such deficiencies at Contractor’s expense, (including Owners’ internal, general, and administrative expenses) and Owners shall have the right to: (i) charge against the Target Price an amount equal to the expenditures incurred by Owners in so doing; and/or (ii) utilize Retainage.
Right to Carry Out the Work. If the Subcontractor should fail to perform the work properly (including the failure to man the job due to labour disputes of any type) or fail to perform any provision of the Contract documents, including unauthorized schedule delay, the Contractor, after forty eight (48) hours’ notice to the Subcontractor correction, may, without prejudice to any other rights or remedy it may have, have such deficiencies made good by others, and may deduct the cost thereof from the payment then or thereafter due to the Subcontractor.
