Failure to Rectify Minor Deficiencies Sample Clauses

Failure to Rectify Minor Deficiencies. (a) If, within 30 days after the time specified in the Minor Deficiencies List, Project Co has failed to complete and rectify the Minor Deficiencies specified in the Minor Deficiencies List: (i) HMQ may withhold from the next payment or payments otherwise due to Project Co a holdback amount that is 200% of the amount estimated by the Independent Certifier for HMQ to complete and rectify the Minor Deficiencies (to the extent then outstanding), which holdback shall be held in an interest bearing account; and (ii) HMQ may engage others to perform the work necessary to complete and rectify the Minor Deficiencies, at the risk and cost of Project Co, and HMQ may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, HMQ shall release to Project Co the amount of the holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, HMQ shall release to Project Co the then remaining amount of the holdback, together with all interest accrued thereon. If the cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse HMQ for all such excess cost.
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Failure to Rectify Minor Deficiencies. (a) If Project Co has failed to complete and rectify any Minor Deficiency specified in the Minor Deficiencies List: (i) within 75 days of the issuance of the Minor Deficiencies List for all Minor Deficiencies where no time for rectification or completion has been specified by the Independent Certifier, or (ii) within 30 days after the time for completion and rectification of any Minor Deficiency where such a time has been specified in the Minor Deficiencies List by the Independent Certifier, the CTC may engage others to perform the work necessary to complete and rectify any such Minor Deficiencies, at the risk and cost of Project Co, and the CTC may deduct such cost from Completion Holdback and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, the CTC shall release to Project Co the amount of the Completion Holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, the CTC shall release to Project Co the then remaining amount of Completion Holdback, together with all interest accrued thereon. Where the CTC exercises its rights pursuant to Section 24.10(a), if the
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Failure to Rectify Minor Deficiencies. (a) If Project Co has failed to complete and rectify any Minor Deficiency specified in the Minor Deficiencies List (i) within 365 days of the issuance of the Minor Deficiencies List for all Minor Deficiencies where no time for rectification or completion has been specified by the Independent Certifier, or (ii) within 30 days after the time for completion and rectification of any Minor Deficiency where such a time has been specified in the Minor Deficiencies List by the Independent Certifier, the Ministry may: (iii) withhold from the next payment or payments otherwise due to Project Co a holdback amount that is of the amount estimated by the Independent Certifier for the Ministry to complete and rectify all such Minor Deficiencies (to the extent then outstanding), which holdback shall be held in an interest bearing account; and (iv) engage others to perform the work necessary to complete and rectify any such Minor Deficiency, at the risk and cost of Project Co, and the Ministry may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of all Minor Deficiencies in connection with Phase One Substantial Completion or Substantial Completion, as applicable, the Ministry shall release to Project Co the then remaining amount of the relevant holdback, together with all interest accrued thereon. Where the Ministry exercises its rights pursuant to Section 25.6(a)(iv), if the cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse the Ministry for all such excess cost.
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Failure to Rectify Minor Deficiencies. (a) If Project Co has failed to complete and rectify any Minor Deficiency specified in the Minor Deficiencies List: (i) within 75 days of the issuance of the Minor Deficiencies List for all Minor Deficiencies where no time for rectification or completion has been specified by the Independent Certifier, or (ii) within 30 days after the time for completion and rectification of any Minor Deficiency where such a time has been specified in the Minor Deficiencies List by the Independent Certifier, SJHC may: (iii) withhold from the next payment or payments otherwise due to Project Co a holdback amount that is [REDACTED]% of the amount estimated by the Independent Certifier for SJHC to complete and rectify all such Minor Deficiencies (to the extent then outstanding), which holdback shall be held in an interest bearing account; and (iv) engage others to perform the work necessary to complete and rectify any such Minor Deficiencies, at the risk and cost of Project Co, and SJHC may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, SJHC shall release to Project Co the amount of the holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, SJHC shall release to Project Co the then remaining amount of the holdback, together with all interest accrued thereon. Where SJHC exercises its rights pursuant to Section 24.10(a)(iv), if the cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse SJHC for all such excess cost.
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Related to Failure to Rectify Minor Deficiencies

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.

  • Waiver; Deficiency Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.

  • Failure to Respond If you fail to respond by the date given above, your application will be refused under Section 3A(4)(a) of the Registered Designs Act 1949.

  • Cost of remedying Defects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to: (a) the design of the Project; (b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications and Standards; (c) improper maintenance during construction of the Project Highway by the Contractor; and/ or (d) failure by the Contractor to comply with any other obligation under this Agreement.

  • Failure to Complete If Artist becomes ill, dies, or is otherwise unable or unwilling to complete the Project in accordance with the Agreement, any work already done on the Project will be the City’s property. The City will be entitled to withhold any sums not yet paid to Artist, and may use any such sums toward completion of the Project in any manner the City deems appropriate.