Common use of Failure to Rectify Minor Deficiencies Clause in Contracts

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.

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 CAMH 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 CAMH 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 CAMH 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 CAMH may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, HMQ CAMH shall release to Project Co the amount of the holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, HMQ CAMH 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 CAMH for all such excess cost.

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 NHS 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 NHS 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 NHS 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 NHS may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, HMQ NHS shall release to Project Co the amount of the holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, HMQ NHS 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 NHS for all such excess cost.

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 IO 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 IO 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 IO 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 IO may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, HMQ IO shall release to Project Co the amount of the holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, HMQ IO 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 IO for all such excess cost.

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 WGH 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 WGH 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 WGH 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 WGH may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, HMQ WGH shall release to Project Co the amount of the holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, HMQ WGH 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 WGH for all such excess cost.

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 IO may withhold from the next payment or payments otherwise due to Project Co a holdback amount that is 200% [REDACTED]% of the amount estimated by the Independent Certifier for HMQ IO 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 IO 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 IO may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, HMQ IO shall release to Project Co the amount of the holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, HMQ IO shall release to Project Co the then remaining amount of the holdback, together with all interest accrued thereon. If Where IO exercises its rights pursuant to Section 24.10(a)(ii), if the cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse HMQ IO for all such excess cost.

Failure to Rectify Minor Deficiencies. (a) If, within 30 days after the time specified in the Minor Deficiencies List, If Project Co has failed to complete and rectify the any Minor Deficiencies 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, HMQ may may: (iii) withhold from the next payment or payments otherwise due to Project Co a holdback amount that is 200% [REDACTED]% of the amount estimated by the Independent Certifier for HMQ to complete and rectify the all such Minor Deficiencies (to the extent then outstanding), which holdback shall be held in an interest bearing account; and (iiiv) HMQ may engage others to perform the work necessary to complete and rectify the any such Minor DeficienciesDeficiency, 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 Where HMQ 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 HMQ for all such excess cost.