Common use of Defects and Defects Date Clause in Contracts

Defects and Defects Date. Until the Defects Date specified in accordance with Annex C: Schedule of the Study the Principal shall notify the Contractor of each Defect as soon as Defect is identified by the Principal and the Contractor shall have an obligation to notify the Principal of each Defect as soon as Defect is identified by the Contractor. Upon discovering a Defect, or upon receipt by the Contractor of a notification of Defect from the Principal, the Contractor shall have fourteen (14) days to remedy the Defect (the “Cure Period”). In the event of inability or failure by the Contractor to remedy the Defect within the Cure Period, the Principal shall be entitled, at the sole and exclusive discretion of the Principal, to do any of the following: (a) allow the Contractor an additional time period for remedying the Defect, such time period to be determined in the sole discretion of the Principal; (b) remedy the Defect at own cost of the Principal (including by means of relying on the services of a third Person) and demand reimbursement by the Contractor of Costs incurred by the Principal as a result of having to pay other Persons toward carrying out any work or action; (c) terminate the Agreement according to Section IX. Termination and suspension; or (d) remedy the Defect in accordance with Clause 7.3. For the avoidance of any doubt, the application of the Cure Period under this Clause 7.3 shall be without prejudice to and shall not relieve the Contractor from the obligation to pay any contractual penalty in accordance with the provisions of Clause 10.2 or to pay Damages in accordance with the provisions of Clause 10.3 of this Agreement.

Appears in 2 contracts

Sources: Study Agreement, Study Agreement

Defects and Defects Date. Until the Defects Date specified in accordance with Annex C: Schedule CS( chedule of the Study Study) the Principal shall notify the Contractor of each Defect any Defects of any kind as soon as Defect is Defects are identified by the Principal and the Contractor shall have an obligation to notify the Principal of each Defect any Defects of any kind as soon as Defect is Defects are identified by the Contractor. Upon discovering a Defectdiscovery of any Defects, or upon receipt by the Contractor of a notification of Defect Defects from the Principal, the Contractor shall have shallhave fourteen (14) calendar days to remedy the Defect (the “Defects, Cure Period”). In the event of inability or Period failure by the Contractor to remedy the Defect Defects within the Cure Period, the Principal shall be entitled, at in the sole and exclusive discretion of the PrincipalthePrincipal, to do any of the following: (a) allow the Contractor an additional time period for remedying the DefectDefects, such time period timeperiod to be determined in the sole discretion of the Principal; (b) remedy the Defect Defects, irrespective of the extent or nature ofthe Defects, at own cost of the Principal (including by means of relying on the services of a third Person) and demand reimbursement by the Contractor of Costs incurred by the Principal as a result of having to pay other Persons toward carrying out any work or action; (c) terminate the Agreement according to Section IX. Termination and suspension; or (d) remedy the Defect in Defectsin accordance with Clause 7.373. . For the avoidance of any doubt, the application of the Cure Period under this Clause 7.3 shall be without prejudice to and shall not relieve the Contractor Service Provider from the obligation to pay any contractual penalty in accordance with the provisions of Clause 10.2 10.3 or to pay Damages in accordance with the provisions of Clause 10.3 of this Agreement.

Appears in 1 contract

Sources: Study Agreement

Defects and Defects Date. Until the Defects Date specified in accordance with withSection 2.6.1. of Annex C: Schedule of the Study B (Technical specification) the Principal shall notify the Contractor of each Defect any Defects of any kind as soon as Defect is Defects are identified by the Principal and the Contractor shall have an havean obligation to notify the Principal of each Defect any Defects of any kind as soon as Defect is Defects are identified by the Contractor. Upon discovering a Defectdiscovery of any Defects, or upon receipt by the Contractor of a notification of Defect Defects from the Principal, the Contractor shall have fourteen ten (1410) days to remedy the Defect (the “Cure Period”). In the calendar event of inability or failure by the Contractor to remedy the Defect Defects within the Cure Period, the Principal shall be entitled, at in the sole and exclusive discretion of the Principal, to do any of the following: (a) allow the Contractor an additional time period for remedying the DefectDefects, such time period to be determined in the sole discretion of the Principal; (b) remedy the Defect Defects, irrespective of the extent or nature of the Defects, at own cost of the Principal (including by means of relying on the services of a third Person) and demand reimbursement by the Contractor of Contractorof Costs incurred by the Principal as a result of having to pay other Persons toward carrying out any work or action; (c) terminate the Agreement according to Section IX. Termination and suspension; or (d) remedy the Defect Defects, irrespective of the extent or nature of the Defects, in accordance with Clause 7.37.3and terminate the Agreement pursuant to Section IX. For the avoidance of any doubt, the application of the Cure Period under this Clause 7.3 shall be without prejudice to and shall not relieve the Contractor Service Provider from the obligation to pay any contractual penalty in accordance with accordancewith the provisions of Clause 10.2 or to pay Damages in accordance with the provisions of provisionsof Clause 10.3 of this Agreement.

Appears in 1 contract

Sources: Expertise Agreement

Defects and Defects Date. Until the Defects Date specified in accordance with Annex C: C (Schedule of the Study Study) the Principal shall notify the Contractor of each Defect any Defects of any kind as soon as Defect is Defects are identified by the Principal and the Contractor shall have an obligation to notify the Principal of each Defect any Defects of any kind as soon as Defect is Defects are identified by the Contractor. Upon discovering a Defectdiscovery of any Defects, or upon receipt by the Contractor of a notification of Defect Defects from the Principal, the Contractor shall have fourteen seven (147) calendar days to remedy the Defect (the “Defects, Cure Period”). In the event of Period inability or failure by the Contractor to remedy the Defect Defects within the Cure Period, the Principal shall be entitled, at in the sole and exclusive discretion of the Principal, to do todo any of the following: (a) allow the Contractor an additional time period for remedying the DefectDefects, such time period to be determined in the sole discretion of the Principal; (b) remedy the Defect Defects, irrespective of the extent or nature of the Defects,at own cost of the Principal (including by means of relying on the services of a third Person) and demand reimbursement by the Contractor of Costs incurred by the Principal as a result of having to pay other Persons toward carrying out any work or action; (c) terminate the Agreement according to Section IX. Termination and suspension; or (d) remedy the Defect Defects, irrespective of the extent or nature of the Defects, in accordance with Clause 7.37.3 and terminate the Agreement pursuant to Section IX. For the avoidance of any doubt, the application of the Cure Period under this Clause 7.3 shall be without prejudice to and shall not relieve the Contractor Service Provider from the obligation to pay any contractual penalty in accordance with the provisions of Clause 10.2 or to pay Damages in accordance with the provisions of Clause 10.3 of this Agreement.

Appears in 1 contract

Sources: Study Agreement

Defects and Defects Date. Until the Defects Date specified in accordance with Annex C: withAnnex C (Schedule of the Study the Study)the Principal shall notify the Contractor of each Defect as any Defects of any kindas soon as Defect is Defects are identified by the Principal and the Contractor shall have an obligation to notify the Principal of each Defect any Defects of any kind as soon as Defect is Defects are identified by the Contractor. Upon discovering a Defectdiscovery of any Defects, or upon receipt by the Contractor of a notification of Defect Defects from the Principal, the Contractor shall have fourteen shallhave seven (147) days calendar daysto remedy the Defects, irrespective to remedy the Defect (the “Cure Period”). In the event of inability or failure by the Contractor to remedy the Defect Defects within the Cure Period, the Principal shall Principalshall be entitled, at in the sole and exclusive discretion of the Principal, to do any of the following: (a) allow the Contractor an additional time period for remedying the DefectDefects, such time period to be determined in the sole discretion of the Principal; (b) remedy the Defect Defects, irrespective of the extent or nature of the Defects, at own cost of the Principal (including by means of relying on the services of a third Person) and demand reimbursement by the Contractor of Costs incurred by the Principal as a result of having to pay other Persons toward carrying out any work or action; (c) terminate the Agreement according to Section IX. Termination and suspension; or (d) remedy the Defect Defects, irrespective of the extent or nature of the Defects, in accordance with Clause 7.3withClause 7.3and terminate the Agreement pursuant to Section IX. For the avoidance of any doubtanydoubt, the application of the Cure Period under this Clause 7.3 shall 7.3shall be without prejudice to and shall not relieve the Contractor Service Provider from the obligation to pay any contractual penalty in accordance with the provisions of Clause 10.2 or to pay Damages in accordance with the provisions of Clause 10.3 of this Agreement.

Appears in 1 contract

Sources: Study Agreement

Defects and Defects Date. Until the Defects Date specified in accordance with Annex C: C (Schedule of the Study Study) the Principal shall notify the Contractor of each Defect any Defects of any kind as soon as Defect is Defects are identified by the Principal and the Contractor shall have an obligation to notify the Principal of each Defect any Defects of any kind as soon as Defect is Defects are identified by the Contractor. Upon discovering a Defectdiscovery of any Defects, or upon receipt by the Contractor of a notification of Defect Defects from the Principal, the Contractor shall have fourteen seven (147) calendar days to remedy the Defect Defects, irrespective of the nature of such Defects (hereinafter, the “Cure Period”). In the event of inability or failure by the Contractor to remedy the Defect Defects within the Cure Period, the Principal shall be entitled, at in the sole and exclusive discretion of the Principal, to do any of the following: (a) allow the Contractor an additional time period for remedying the DefectDefects, such time period to be determined in the sole discretion of the Principal; (b) remedy the Defect Defects, irrespective of the extent or nature of the Defects, at own cost of the Principal (including by means of relying on the services of a third Person) and demand reimbursement by the Contractor of Costs incurred by the Principal as a result of having to pay other Persons toward carrying out any work or action; (c) terminate the Agreement according to Section IX. Termination and suspension; or (d) remedy the Defect Defects, irrespective of the extent or nature of the Defects, in accordance with Clause 7.37.3(b) and terminate the Agreement pursuant to Section IX. For the avoidance of any doubt, the application of the Cure Period under this Clause 7.3 shall be without prejudice to and shall not relieve the Contractor from the obligation to pay any contractual penalty in accordance with the provisions of Clause 10.2 or to pay Damages in accordance with the provisions of Clause 10.3 of this Agreement.

Appears in 1 contract

Sources: Study Agreement

Defects and Defects Date. Until the Defects Date specified in accordance with Annex C: D S(ervice Schedule of the Study and Rates) the Principal shall notify the Contractor Service Provider of each Defect any Defects of any kind as soon as Defect is Defects are identified by the Principal and the Contractor Service Provider shall have an obligation to notify the Principal of each Defect any Defects of any kind as soon as Defect is Defects are identified by the ContractorService Provider. Upon discovering a Defectdiscovery of any Defects, or upon receipt by the Contractor Service Provider of a notification of Defect from Defecstfrom the Principal, the Contractor Service Provider shall have fourteen haveseven (147) days to remedy the Defect (Defects, irrespective of the “Cure Period”). In the event of inability or failure by the Contractor Provider to remedy the Defect Defects within the Cure Period, the Principal shall be entitled, at in the sole and exclusive discretion of the Principal, to do any of the following: (a) allow the Contractor Service Provider an additional time period for remedying the DefectDefects, such time period to be determined in the sole discretion of the Principal; (b) remedy the Defect Defects, irrespective of the extent or nature of the Defects, at own cost of the Principal (including by means of relying on the services of a third Person) and demand reimbursement by the Contractor Service Provdi er of Costs incurred by the Principal as a result of having to pay other Persons toward carrying out any work anyWork or action; (c) terminate the Agreement according to Section IX. Termination and suspensionClause 8.1; or (d) remedy the Defect Defects, irrespective of the extent or nature of the Defects,in accordance with Clause 7.37.3(b) and terminate the Agreement pursuant to Clause 8.1. For the avoidance of any doubt, the application of the Cure Period under this Clause 7.3 shall be without prejudice to and shall not relieve the Contractor Service Provider from the obligation theobligation to pay any contractual penalty in accordance with the provisions of Clause 10.2 Clause17.2 or to pay Damages in accordance with the provisions of Clause 10.3 Clause17.3 of this Agreement.

Appears in 1 contract

Sources: Professional Services