Agreement to Accept Nonconforming Work Sample Clauses

The Agreement to Accept Nonconforming Work clause allows one party to accept work or goods that do not fully meet the contract’s specified requirements. In practice, this clause typically outlines the conditions under which nonconforming work may be accepted, such as requiring a price adjustment, corrective action, or a written waiver of certain standards. Its core function is to provide flexibility in contract performance, enabling the parties to resolve minor deviations without resorting to contract termination or dispute, thereby maintaining project momentum and reducing potential delays.
Agreement to Accept Nonconforming Work. If DB Contractor elects not to fully correct any Nonconforming Work pursuant to Section 5.6.1 and TxDOT agrees to accept such Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of DB Contractor’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract Documents. Such reimbursement shall be payable to TxDOT within ten days after DB Contractor’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor pursuant to this Agreement. DB Contractor acknowledges and agrees that subject to DB Contractor’s right to correct Nonconforming Work in accordance with Section 5.6.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.
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Agreement to Accept Nonconforming Work. If Developer elects not to fully correct any Nonconforming Work pursuant to Section pursuant to this Agreement. Developer acknowledges and agrees that subject to ▇▇▇▇▇▇▇▇▇’s right to correct Nonconforming Work in accordance with Section 6.8.1, including the timelines therein, TxDOT shall have discretion regarding acceptance or rejection of Nonconforming Work and shall have discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 6.8.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 6.8.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Section 19 Technical Provisions is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.
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Agreement to Accept Nonconforming Work. If TxDOT agrees to accept any Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of Developer’s cost savings associated with its failure to perform the Work in accordance with the requirements of the CDA Documents. Such reimbursement shall be payable to TxDOT within ten days after ▇▇▇▇▇▇▇▇▇’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer pursuant to this Agreement. Developer acknowledges and agrees that TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.
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Agreement to Accept Nonconforming Work. If DB Contractor fails to fully correct any Nonconforming Work pursuant to Section Price allocated to such Work, or (c) 100% of DB Contractor’s cost savings associated with its failure to perform the Work in accordance with the requirements of the DBA Documents. Such reimbursement shall be payable to TxDOT within ten days after delivery of an invoice therefore to DB Contractor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor pursuant to this DBA. DB Contractor acknowledges and agrees that, subject to DB Contractor’s correction of Nonconforming Work in accordance with Section 5.6.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.
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Agreement to Accept Nonconforming Work. If DB Contractor fails to fully correct any Nonconforming Work pursuant to Section its failure to perform the Work in accordance with the requirements of the DBA Documents. Such reimbursement shall be payable to TxDOT within ten days after delivery of an invoice therefore to DB Contractor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor pursuant to this DBA. DB Contractor acknowledges and agrees that, subject to DB Contractor’s correction of Nonconforming Work in accordance with Section 5.6.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.
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Agreement to Accept Nonconforming Work. ‌ If TxDOT agrees to accept any Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of (a) the amount deemed appropriate by TxDOT to provide compensation for impacts to affected parties such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of Fabricator’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract Documents. Such reimbursement shall be payable to TxDOT within ten days after Fabricator’s receipt of an invoice therefor. Fabricator acknowledges and agrees that TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith.
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Related to Agreement to Accept Nonconforming Work

  • Nonconforming Work 5.6.1 Rejection, Removal and Replacement of Nonconforming Work

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

  • ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3.1 The State may accept defective or nonconforming Work pursuant to Paragraph 13.2.1

  • Payment Does Not Imply Acceptance of Work The granting of any payment by City, or the receipt thereof by Contractor, shall in no way lessen the liability of Contractor to replace unsatisfactory work, equipment, or materials, although the unsatisfactory character of such work, equipment or materials may not have been apparent or detected at the time such payment was made. Materials, equipment, components, or workmanship that do not conform to the requirements of this Agreement may be rejected by City and in such case must be replaced by Contractor without delay.