Deficiencies and Delays Sample Clauses

The 'Deficiencies and Delays' clause defines the responsibilities and consequences related to a party's failure to meet agreed-upon standards or timelines in a contract. Typically, this clause outlines procedures for identifying and remedying work that is incomplete, substandard, or behind schedule, and may specify notification requirements, correction periods, or penalties. Its core function is to ensure accountability and provide a clear process for addressing performance issues, thereby minimizing disruptions and protecting the interests of the non-breaching party.
Deficiencies and Delays. Lessee agrees that, from and after the Delivery Date, no Lessor Party not in possession of the Aircraft shall be liable for any liability, claim, proceeding, loss, damage, fee, cost or expense of any kind caused directly or indirectly by, or associated with, the Aircraft or any part thereof, any inadequacy of the Aircraft for any purpose or any deficiency or defect therein, the use or performance of the Aircraft, any maintenance, repairs, replacement or modification to the Aircraft or for any interruption or loss of service or use of the Aircraft or any loss of business or other consequential damage or any damage whatsoever relating to such matters.
View SourceView Similar (14)
Deficiencies and Delays. Lessee agrees that, from and after the Delivery Date, Lessor shall not be liable for any liability, claim, proceeding, loss, damage, fee, cost or expense of any kind caused directly or indirectly by, or associated with, the Aircraft or any part thereof, any inadequacy of the Aircraft for any purpose or any deficiency or defect therein, the use or performance of the Aircraft, any maintenance, repairs, replacement or modification to the Aircraft, any interruption or loss of service or use of the Aircraft or any loss of business or other consequential damage or any damage whatsoever, howsoever caused.
View SourceView Similar (2)
Deficiencies and Delays. Lessee agrees that, from and after the Delivery Date, Lessor shall not be liable for any liability, claim, proceeding, loss, damage, fee, cost or expense of any kind caused directly or indirectly by, or associated with, the Aircraft or any part thereof, any inadequacy of the Aircraft for any purpose or any deficiency or defect therein, the use or performance of the Aircraft, any maintenance, repairs, replacement or modification to the Aircraft, any interruption or loss of service or use of the Aircraft or any loss of business or other consequential damage or any damage whatsoever, howsoever caused (other than by any breach by Lessor of any of its obligations under Section 4.7 or any reckless act or omission or willful misconduct of Lessor or its servants or agents).
View SourceView Similar (2)
Deficiencies and Delays. The Owner Trustee shall not be liable for any liability, claim, loss, damage or expense of any kind or nature caused directly or indirectly by the Aircraft or any part thereof, by any inadequacy of the Aircraft for any purpose or any deficiency or defect therein, by the use or performance of the Aircraft, by any maintenance or repairs to the Aircraft, by the failure of the Aircraft to conform to any description thereof set forth in the Operative Documents, by any interruption or loss of service or use of the Aircraft or by any loss of business or other consequential damage or any damage whatsoever, howsoever caused including the negligence of the Owner Trustee. The Owner Trustee shall bear no liability whatsoever for the cost of modifications of the Aircraft whether in the event of grounding or suspensions of certification, or for any other cause.
View Source
Deficiencies and Delays. BUYER agrees that as from the Sale Date for an Aircraft SELLER shall not be liable for any liability, claim, loss, damage or expense of any kind or nature caused directly or indirectly by such Aircraft or any part thereof, by any inadequacy of such Aircraft for any purpose or any deficiency or defect therein, by the use or performance of such Aircraft, by any maintenance or repairs to such Aircraft, by any interruption or loss of service or use of such Aircraft or by any loss of business or other consequential damage or any damage whatsoever, howsoever caused including the negligence of SELLER. SELLER shall bear no liability whatsoever for the cost of modifications of such Aircraft whether in the event of grounding or suspensions of certification, or for any other cause. SELLER shall not be liable for any liability, claim, loss, damage or expense of any kind or nature caused directly or indirectly by delay in the Sale of an Aircraft hereunder or other consequential damage or any damage whatsoever, other than to the extent caused by the willful misconduct of SELLER.
View Source
Deficiencies and Delays. Lessor shall not be liable for any liability, claim, loss, damage or expense of any kind or nature caused directly or indirectly by the Aircraft or any part thereof, by any inadequacy thereof for any purpose or any deficiency or defect therein (except that Lessor shall be liable to remedy any recordable defect and/or non-conformity which it has undertaken to remedy following the Delivery Date), by the use or performance thereof, by repairs or servicing thereto, by any delay in the delivery thereof for any reason, by any interruption or loss of service or use thereof or by any loss of business or other consequential damage or any damage whatsoever and howsoever caused prior to re-delivery of the Aircraft to Lessor.
View Source
Deficiencies and Delays. No Indemnitee shall be liable for, and the Lessee irrevocably waives (as far as it may do so under any applicable law) any claim that it may now or in the future have against any Indemnitee in respect of, any Losses caused directly or indirectly by: (a) the Aircraft; (b) any deficiency or defect of the Aircraft or any intellectual property rights associated with the Aircraft or any inadequacy or unsuitability of the Aircraft for any purpose; (c) the use or performance of the Aircraft; (d) any repair to or maintenance of the Aircraft; (e) any delay in Delivery for any reason; and (f) any interruption or loss of service or use of the Aircraft.
View Source
Deficiencies and Delays. 9.1 If there are deficiencies in the services provided by GS, and this is due to GS, GS can choose to • remedy the deficiency, to the extent that it is practically possible and can be done without disproportionate financial consequences, or • perform redelivery of completed work. 9.2 If GS's service is delayed for reasons for which the CUSTOMER is responsible, GS reserves the right to demand payment for the services already provided. After this, it is up to the CUSTOMER to assess whether the remaining part of GS's services must be completed. If the CUSTOMER wants the remaining part of GS's services to be completed, this must be done within 6 months of the collected payment. If you want the service completed after the 6 months, an extra fee will be charged for completing the service. 9.3 All deficiencies or delays that the CUSTOMER becomes aware of or should have become aware of, and that the CUSTOMER wishes to invoke, must be immediately notified in writing to GS. If a written claim of the deficiency is not sent immediately after the discovery, it cannot be asserted against GS later.
View Source
Deficiencies and Delays. Lessee agrees that neither Lessor nor Servicer shall be liable for any liability, claim, proceeding, loss, damage, fee, cost or expense of any kind caused directly or indirectly by, or associated with, the Aircraft or any part thereof, any inadequacy of the Aircraft for any purpose or any deficiency or defect therein, the use or performance of the Aircraft, any maintenance, repairs, replacement or modification to the Aircraft, any interruption or loss of service or use of the Aircraft (except if such interruption of service is caused directly by a breach of Clause 4.5(a) by Lessor or any other party) or other than with respect to any claim of Lessee relating to a breach by Lessor of Clause 4.5(a), any loss of business or other consequential damage or any damage whatsoever relating to any of the above matters.
View Source

Related to Deficiencies and Delays

  • Construction Progress Schedule A schedule indicating proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, preparation, submittal, and processing of Shop Drawings and Samples, delivery of materials or equipment requiring long-lead time procurement, and proposed date(s) of Material Completion and Occupancy and Final Completion. The schedule will be developed to represent the sixteen or seventeen CSI Specification Divisions. It shall have a minimum number of activities as required to adequately represent to Owner the complete scope of work and define the Project’s critical path and associated activities. If the Project is to be phased, then each individual Phase should be identified from start through completion of the overall Project and should be individually scheduled and described, including any Owner’s occupancy requirements and showing portions of the Project having occupancy priority. The format of the schedule will have dependencies indicated on a monthly grid identifying milestone dates such as construction start, phase construction, structural top out, dry-in, rough-in completion, metal stud and drywall completion, equipment installation, systems operational, Material Completion and Occupancy Date, final inspection dates, Punchlist, and Final Completion date.

  • Construction Change Directives 1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2

  • Stipulated Penalties for Failure to Comply with Certain Obligations As a contractual remedy, Extendicare and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions. 1. A Stipulated Penalty of $2,500 (which shall begin to accrue on the day after the date the obligation became due) for each day Extendicare fails to establish and effectively implement any of the following obligations as described in Section III: a. a Compliance Officer; b. a Compliance Committee;

  • Completion of Concrete Pours and Emergency Work (a) Except as provided in this sub-clause an Employee shall nor work or be required to work in the rain. (b) Employees shall not be required to start a concrete pour in Inclement Weather. (c) Where a concrete pour has been commenced prior to the commencement of a period of Inclement Weather Employees may be required to complete such concrete pour to a practical stage and for such work shall be paid at the rate of double time calculated to the next hour, and in the case of wet weather shall be provided with adequate wet weather gear. (d) If an Employee’s clothes become wet as a result of working in the rain during a concrete pour the Employee shall, unless the Employee has a change of dry working clothes available, be allowed to go home without loss of pay. (e) The provisions of clauses 32.7(c) and 32.7(d) hereof shall also apply in the case of emergency work where the Employees concerned and their delegates agree that the work is of an emergency nature and can start and/or proceed.

  • Construction Reports Each Constructing Entity shall issue reports to each other Construction Party on a monthly basis, and at such other times as reasonably requested, regarding the status of the construction and installation of the Interconnection Facilities. Each Construction Party shall promptly identify, and shall notify each other Construction Party of, any event that the Construction Party reasonably expects may delay completion, or may significantly increase the cost, of the Interconnection Facilities. Should a Construction Party report such an event, Transmission Provider shall, within fifteen days of such notification, convene a technical meeting of the Construction Parties to evaluate schedule alternatives.