Common use of Correction of Services Clause in Contracts

Correction of Services. If prior to final completion of the Services under the Purchase Order or within one (1) year thereafter, ▇▇▇▇▇▇▇ shall reasonably determine that: (i) Contractor has not performed the Services, including provision of Materials, in accordance with the warranties set forth in this Section A.6, or (ii) Contractor has made an error or omission in the performance of the Services, then Contractor, at its own expense, shall promptly undertake and complete such corrective action as is necessary to remedy the error, omission or non-conformance. If Contractor does not complete such required corrective action within five (5) days following receipt of written notice from Hartree that such corrective action is required, then Hartree may (in addition to any other rights under the Agreement, at law or in equity) correct such error, omission or non-conformance, and Contractor shall be liable to Hartree for all costs and expenses incurred by Hartree in connection with such corrective action. Notwithstanding the foregoing, if any error, omission or non-conformance materially affects the use of the Facilities or presents an imminent threat to the safety or health of any person, Hartree may take corrective action immediately without giving such written notice to Contractor, and Contractor shall be liable to Hartree for all costs and expenses incurred by Hartree in connection with such corrective action and arising out of or relating to the error, omission or non-conformance. Contractor shall pay Hartree on demand all costs and expenses for which Contractor is liable under this Section A.6. No acceptance or payment by ▇▇▇▇▇▇▇ shall constitute a waiver of any of the foregoing warranties or Contractor’s obligations hereunder.