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 Study) the Principal shall notify the Contractor of any Defects of any kind as soon as Defects are identified by the Principal and the Contractor shall have an obligation to notify the Principal of any Defects of any kind as soon as Defects are identified by the Contractor. Upon discovery of any Defects, or upon receipt by the Contractor of a notification of Defects from the Principal, the Contractor shall have seven (7) calendar days to remedy the 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 Defects within the Cure Period, the Principal shall be entitled, 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 Defects, such time period to be determined in the sole discretion of the Principal; (b) remedy the 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; or (d) remedy the Defects, irrespective of the extent or nature of the Defects, in accordance with Clause 7.3 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 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 (Schedule CS(chedule of Study) the Principal shall notify the Contractor of any Defects of any kind as soon as Defects are identified by the Principal and the Contractor shall have an obligation to notify the Principal of any Defects of any kind as soon as Defects are identified by the Contractor. Upon discovery of any Defects, or upon receipt by the Contractor of a notification of Defects from the Principal, the Contractor shall have seven (7) calendar days to remedy the 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 Defects within the Cure Period, the Principal shall be entitled, 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 Defects, such time period to be determined in the sole discretion of the Principal; (b) remedy the 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 IXClause 8.1; or (d) remedy the Defects, irrespective of the extent or nature of the Defects, in accordance with Clause 7.3 7.3(b) and terminate the Agreement pursuant to Section IXClause 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 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: Operation Plan Agreement

Defects and Defects Date. Until the Defects Date specified in accordance with Annex C D (Service Schedule of Studyand Rates) the Principal shall notify the Contractor Service Provider of any Defects of any kind as soon as Defects are identified by the Principal and the Contractor Service Provider shall have an obligation to notify the Principal of any Defects of any kind as soon as Defects are identified by the ContractorService Provider. Upon discovery of any Defects, or upon receipt by the Contractor Service Provider of a notification of Defects from the Principal, the Contractor Service Provider shall have seven two (72) calendar days to remedy the Defects, irrespective of the nature of such Defects (hereinafter, the “Cure Period”). In the event of inability or failure by the Contractor Service Provider to remedy the Defects within the Cure Period, the Principal shall be entitled, 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 Defects, such time period to be determined in the sole discretion of the Principal; (b) remedy the 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 Provider of Costs incurred by the Principal as a result of having to pay other Persons toward carrying out any work Work or action; (c) terminate the Agreement according to Section IXClause 8.1; or (d) remedy the Defects, irrespective of the extent or nature of the Defects, in accordance with Clause 7.3 7.3(b) and terminate the Agreement pursuant to Section IXClause 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 to pay any contractual penalty in accordance with the provisions of Clause 10.2 17.2 or to pay Damages in accordance with the provisions of Clause 10.3 17.3 of this Agreement.

Appears in 1 contract

Sources: Professional Services

Defects and Defects Date. Until the Defects Date specified in accordance with Annex C (Schedule of Study) D: Payments for Service the Principal shall notify the Contractor Service Provider of any Defects of any kind as soon as Defects are identified by the Principal and the Contractor Service Provider shall have an obligation to notify the Principal of any Defects of any kind as soon as Defects are identified by the ContractorService Provider. Upon discovery of any Defects, or upon receipt by the Contractor Service Provider of a notification of Defects from the Principal, the Contractor Service Provider shall have seven (7) calendar days to remedy the Defects, irrespective of the nature of such Defects (hereinafter, the “Cure Period”). In the event of inability or failure by the Contractor Service Provider to remedy the Defects within the Cure Period, the Principal shall be entitled, in the sole and exclusive discretion of the Principal, to do any of the following: (a) 7.4.1 allow the Contractor Service Provider an additional time period for remedying the Defects, such time period to be determined in the sole discretion of the Principal; (b) 7.4.2 remedy the 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 Provider of Costs incurred by the Principal as a result of having to pay other Persons toward carrying out any work Work or action; (c) 7.4.3 terminate the Agreement according to Section IXVIII; or (d) 7.4.4 remedy the Defects, irrespective of the extent or nature of the Defects, in accordance with Clause 7.3 7.4.2 and terminate the Agreement pursuant to Section IXVIII. For the avoidance of any doubt, the application of the Cure Period under this Clause 7.3 Clause7.4. 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 17.2 or to pay Damages in accordance with the provisions of Clause 10.3 17.3 of this Agreement.

Appears in 1 contract

Sources: Recruitment Services Agreement

Defects and Defects Date. Until the Defects Date specified in accordance with Annex C (Schedule of Study) D: Payments for Service the Principal shall notify the Contractor Service Provider of any Defects of any kind as soon as Defects are identified by the Principal and the Contractor Service Provider shall have an obligation to notify the Principal of any Defects of any kind as soon as Defects are identified by the ContractorService Provider. Upon discovery of any Defects, or upon receipt by the Contractor Service Provider of a notification of Defects from the Principal, the Contractor Service Provider shall have seven (7) calendar days to remedy the Defects, irrespective of the nature of such Defects (hereinafter, the “Cure Period”). In the event of inability or failure by the Contractor Service Provider to remedy the Defects within the Cure Period, the Principal shall be entitled, 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 Defects, such time period to be determined in the sole discretion of the Principal; (b) remedy the 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 Provider of Costs incurred by the Principal as a result of having to pay other Persons toward carrying out any work Work or action; (c) terminate the Agreement according to Section IX8; or (d) remedy the Defects, irrespective of the extent or nature of the Defects, in accordance with Clause 7.3 b) and terminate the Agreement pursuant to Section IX8. For the avoidance of any doubt, the application of the Cure Period under this Clause 7.3 Clause7.4. 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 17.2 or to pay Damages in accordance with the provisions of Clause 10.3 17.3 of this Agreement.

Appears in 1 contract

Sources: Recruitment Services Agreement

Defects and Defects Date. Until the Defects Date specified in accordance with Annex C D (Service Schedule of Studyand Rates) the Principal shall notify the Contractor Service Provider of any Defects of any kind as soon as Defects are identified by the Principal and the Contractor Service Provider shall have an obligation to notify the Principal of any Defects Dfeects of any kind as soon as Defects are identified by the ContractorService Provider. Upon discovery of any Defects, or upon receipt by the Contractor Service Provider of a notification of Defects from the Principal, the Contractor Service Provider shall have seven (7) calendar days to remedy the Defects, irrespective of the nature of such Defects (hereinafter, the “Cure Period”). Period In the event of inability or failure by the Contractor Service Provider to remedy the Defects within the Cure Period, the Principal shall be entitled, 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 Defects, such time period to be determined in the sole discretion of the Principal; (b) remedy the 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 Provider of Costs incurred by the Principal as a result of having to pay other Persons othrePersons toward carrying out any work or action; (c) terminate the Agreement according to Section IXClause 8.1; or (d) remedy the Defects, irrespective of the extent or nature of the Defects, in accordance with Clause 7.3 7.3(b) and terminate the Agreement pursuant to Section IXClause 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 to pay any contractual penalty in accordance with the provisions of Clause 10.2 17.2 or to pay Damages in accordance with the provisions of Clause 10.3 17.3 of this Agreement.

Appears in 1 contract

Sources: Professional Services

Defects and Defects Date. Until the Defects Date specified in accordance with Annex C (Schedule of Study) D: Payments for Service the Principal shall notify the Contractor Service Provider of any Defects of any kind as soon as Defects are identified by the Principal and the Contractor Service Provider shall have an obligation to notify the Principal of any Defects of any kind as soon as Defects are identified by the ContractorService Provider. Upon discovery of any Defects, or upon receipt by the Contractor Service Provider of a notification of Defects from the Principal, the Contractor Service Provider shall have seven (7) calendar days to remedy the Defects, irrespective of the nature of such Defects (hereinafter, ( the “Cure Period”). In the event of inability or failure by the Contractor Service Provider to remedy the Defects within the Cure Period, the Principal shall be entitled, in the sole and exclusive discretion of the Principal, to do any of the following: (a) 7.4.1. allow the Contractor Service Provider an additional time period for remedying the Defects, such time period to be determined in the sole discretion of the Principal; (b) 7.4.2. remedy the 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 Provider of Costs incurred by the Principal as a result of having to pay other Persons toward carrying out any work Work or action; (c) 7.4.3. terminate the Agreement according to Section IXVIII; or (d) 7.4.4. remedy the Defects, irrespective of the extent or nature of the Defects, in accordance with Clause 7.3 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 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.Clause

Appears in 1 contract

Sources: Recruitment Services Agreement

Defects and Defects Date. Until the Defects Date specified in accordance with Annex C (Schedule of Study) the The Principal shall notify the Contractor Service Provider of any Defects each Defect of any kind as soon as Defects are Defect is identified by the Principal and the Contractor Service Provider shall have an obligation to notify the Principal of any Defects of any kind each Defect as soon as Defects are Defect is identified by the ContractorService Provider. Upon discovery of any Defectsdiscovering a Defect, or upon receipt by the Contractor Service Provider of a notification of Defects Defect from the Principal, the Contractor Service Provider shall have seven immediately but no later as in one (71) calendar days day before the Global Forum and in two (2) hours during the Global Forum to remedy the Defects, irrespective of the nature of such Defects (hereinafter, the “Cure Period”). In the event of inability or failure by the Contractor Service Provider to remedy the Defects Defect within the Cure Period, the Principal shall be entitled, in at 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 Defects, such time period to be determined in the sole discretion of the Principal; (b) remedy the Defects, irrespective of the extent or nature of the Defects, 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 Service Provider 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 IXX TERMINATION AND SUSPENSION; or (d) remedy the Defects, irrespective of the extent or nature of the Defects, in accordance with Clause 7.3 8.3 (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.X

Appears in 1 contract

Sources: Organisation Services Agreement