Cure of Defect Sample Clauses

The "Cure of Defect" clause establishes a process by which a party responsible for a defect—such as a flaw in goods, services, or work—has the opportunity to correct the issue within a specified timeframe after being notified. Typically, the non-breaching party must provide written notice detailing the defect, after which the responsible party is given a set period to remedy the problem before further remedies, such as termination or damages, can be pursued. This clause serves to encourage resolution of issues without immediate escalation, promoting fairness and efficiency by allowing parties to fix problems before facing more severe consequences.
Cure of Defect. Borrower shall promptly cure any defects in the execution and delivery of any of the other Loan Documents and all other instruments executed in connection with this transaction.
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Cure of Defect. Owner must promptly notify Design-Builder in writing of any defect discovered during the Warranty Period (the “Warranty Defect Notice”). Owner must provide Design-Builder with an opportunity to inspect the defect. Upon inspection, Design-Builder may elect to either cure the defect according to industry standards or pay to Owner, according to its own estimate, the cost of repair or replacement of the defect. This Warranty Defect Notice shall serve as the written notice of claim described required by RCW 64.50. In no event shall Design- Builder’s liability exceed the fair and reasonable cost of repair or replacement of the defect. Design-Builder shall not be liable for costs incurred by Owner unless Design-Builder has received the Warranty Defect Notice and has been afforded reasonable opportunity to cure the defect or to pay the cost of repair and replacement as set forth in this Section 6.3.
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Cure of Defect. Promptly cure any defects in the execution and -------------- delivery of any of the other Loan Documents and all other instruments executed in connection with this transaction.
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Cure of Defect. If Owner discovers any nonconformity or defect during the Warranty Period, Owner will provide written notice to Contractor within thirty (30) days. Contractor will then cure the nonconformity or defect in a manner customary in the industry, within thirty (30) days of receiving such notice or within another period of time agreed to by Owner and Contractor in writing. If Contractor fails to timely cure the nonconformity or defect, Contractor will be responsible to pay Owner for all damages and reasonably associated costs of curing the defect.
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Cure of Defect. If a defect is discovered within the Warranty Period, then Owner must promptly notify Contractor in writing following the discovery of that defect (the “Warranty Defect Notice”) and must provide Contractor with an opportunity to inspect and an opportunity to either cure the defect in a manner customary in the industry or to pay to Owner the cost of repair or replacement of the defect as estimated by Contractor. This Warranty Defect Notice shall serve as the written notice of claim described in the following paragraph. In no event shall Contractor’s liability exceed the fair and reasonable cost of repair or replacement of the warranted defect. Contractor shall not be liable for any cost or expense incurred by Owner in remedying any warranted defects unless Contractor has been notified in writing and has been afforded the opportunity to cure the claimed defect or to pay the sums specified herein. Nothing contained in this section shall be construed to establish a period of limitation with respect to Contractor’s other obligations under the Contract Documents 6.3 Notice of Defect Claim. WASHINGTON LAW, CHAPTER 64.50 RCW CONTAINS IMPORTANT REQUIREMENTS THAT OWNER MUST FOLLOW BEFORE OWNER MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST CONTRACTOR. FORTY-FIVE (45) DAYS BEFORE OWNER FILES A LAWSUIT, OWNER MUST DELIVER TO CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS OWNER ALLEGES ARE DEFECTIVE AND PROVIDE CONTRACTOR THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. OWNER IS NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT OWNER’S ABILITY TO FILE A LAWSUIT.
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Cure of Defect. Owner must promptly notify Contractor in writing of any defect discovered during the Warranty Period (the “Warranty Defect Notice”). Owner must provide Contractor with an opportunity to inspect the defect. Upon inspection, Contractor may elect to either cure the defect according to industry standards or pay to Owner, according to its own estimate, the cost of repair or replacement of the defect. This Warranty Defect Notice shall serve as the written notice of claim described required by RCW 64.50. In no event shall Contractor’s liability exceed the fair and reasonable cost of repair or replacement of the defect. Contractor shall not be liable for costs incurred by Owner unless Contractor has received the Warranty Defect Notice and has been afforded reasonable opportunity to cure the defect or to pay the cost of repair and replacement as set forth in this Section 7.3.
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Cure of Defect. If a defect is discovered within the Warranty Period, then Tribe must promptly notify Contractor in writing following the discovery of that defect (the “Warranty Defect Notice”) and must provide Contractor with an opportunity to inspect and an opportunity to either cure the defect in a manner customary in the industry or to pay to Tribe the cost of repair or replacement of the defect as estimated by Contractor.
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Related to Cure of Defect

  • REMEDY OF DEFECTS (a) The BUILDER shall remedy, at its expense, any defects, against which the VESSEL is guaranteed under this Article, by making all necessary repairs or replacements at the SHIPYARD or elsewhere as provided for in (b) hereinbelow. In such case, the VESSEL shall be taken at the BUYER's cost and responsibility to the place selected, ready in all respects for such repairs or replacements and in any event, the BUILDER shall not be responsible for towage, dockage, wharfage, port charges and anything else incurred for the BUYER's getting and keeping the VESSEL ready for such repairing or replacing. (b) However, if it is impractical (which shall include, but not be limited to, an emergency) to bring the VESSEL to the SHIPYARD, the BUYER may cause the necessary repairs or replacements to be made elsewhere which is deemed by the BUYER with the consent of the BUILDER which shall not be unreasonably withheld, to be suitable for the purpose, provided that, in such event, the BUILDER may forward or supply replacement parts or materials under the terms described in (c) hereinbelow, unless forwarding or supplying thereof under the terms described in (c) hereinbelow would impair or delay the operation or working schedule of the VESSEL. In the event that the BUYER proposes to cause the necessary repairs or replacements to be made to the VESSEL at any shipyard or works other than the SHIPYARD, the BUYER shall first (but in all events as soon as reasonably possible) give the BUILDER notice by email or facsimile of the time and place such repairs will be made, and if the VESSEL is not thereby delayed, or her operation or working schedule is not thereby impaired, the BUILDER shall have the right to verify by its own representative(s) the nature and extent of the defects complained of. The BUILDER shall, in such case, promptly advise the BUYER by email or facsimile, after such examination has been completed, of its acceptance or rejection of the defects as ones that are covered by the guarantee herein provided. Upon the BUILDER's acceptance of the defects as justifying remedy under this Article, or upon award of the arbitration so determining, the BUILDER shall compensate the BUYER an amount equal to the reasonable cost of making the same repairs or replacements at the SHIPYARD. (c) In the event that it is necessary for the BUILDER to forward a replacement for a defective part under this guarantee, replacement parts shall be shipped to the BUYER under the C.I.F terms to the BUYER's nominated port. The BUILDER reserves the option to retrieve, at the BUILDER's cost, any of the replaced equipment/parts in case defects are remedied in accordance with the provisions in this Article. (d) Any dispute under this Article shall be referred to arbitration in accordance with the provisions of Article XIII hereof.

  • Notice of Defects If, based on Consulting Engineer/Architect's involvement during the construction phase, Consulting Engineer/Architect observes or otherwise becomes aware of any defect in the work, he shall give prompt written notice to City of such defects and their approximate location on the Project. However, Consulting Engineer/Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, inspections and programs in connection with the work, since these are solely the contractor's responsibility under the contract for construction. Consulting Engineer/Architect shall not be responsible for the contractor's schedules or failure to carry out the work in accordance with the Contract Documents. Consulting Engineer/Architect shall not have control over or charge of acts or omissions of the contractor, contractor's subcontractors, or their agents or employees.

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected. 35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineer’s notice.

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

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.