Common use of Failure to Rectify Minor Deficiencies Clause in Contracts

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

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

Failure to Rectify Minor Deficiencies. (a) If Project Co has failed to complete and rectify any Minor Deficiency specified in the Minor Deficiencies List:List or any supplementary Minor Deficiencies List in respect of the Phase 2A Works (i) within 75 days of the issuance of the such 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 such Minor Deficiencies List by the Independent Certifier, WCH may: (iii) withhold from the CTC may next payment or payments otherwise due to Project Co a holdback amount that is [REDACTED]% of the amount estimated by the Independent Certifier for WCH 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 DeficienciesDeficiency, at the risk and cost of Project Co, and the CTC WCH may deduct such cost from Completion Holdback the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, the CTC WCH shall release to Project Co the amount of the Completion Holdback holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, the CTC WCH shall release to Project Co the then remaining amount of Completion Holdbackthe holdback, together with all interest accrued thereon. Where the CTC WCH exercises its rights pursuant to Section 24.10(a24.10(a)(iv), if thethe cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse WCH for all such excess cost.

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 College 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 College may deduct such cost from Completion Holdback and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, the CTC College 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 College shall release to Project Co the then remaining amount of Completion Holdback, together with all interest accrued thereon. Where the CTC College exercises its rights pursuant to Section 24.10(a), if thethe cost of such completion and rectification exceeds the amount of Completion Holdback and interest, then Project Co shall reimburse the College for all such excess cost.

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, HRRH may: (iii) withhold from the CTC may next payment or payments otherwise due to Project Co a holdback amount that is [REDACTED]% of the amount estimated by the Independent Certifier for HRRH 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 DeficienciesDeficiency, at the risk and cost of Project Co, and the CTC HRRH may deduct such cost from Completion Holdback the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, the CTC HRRH shall release to Project Co the amount of the Completion Holdback holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, the CTC HRRH shall release to Project Co the then remaining amount of Completion Holdbackthe holdback, together with all interest accrued thereon. Where the CTC HRRH exercises its rights pursuant to Section 24.10(a24.10(a)(iv), if thethe cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse HRRH for all such excess cost.

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 60 days of the issuance of date such Minor Deficiency was published in 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 College may engage others to perform the work necessary to complete and rectify any such Minor DeficienciesDeficiency, at the risk and cost of Project Co, and the CTC College may deduct such cost from Completion Holdback and interest earned thereon. (b) Upon completion and rectification of each Minor DeficiencyFinal Completion, 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 College shall release to Project Co the then remaining amount of Completion Holdback, together with all interest accrued thereon. Where the CTC College exercises its rights pursuant to Section 24.10(a), if thethe cost of such completion and rectification exceeds the amount of Completion Holdback and interest, then Project Co shall reimburse the College for all such excess cost.

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 thethe cost of such completion and rectification exceeds the amount of Completion Holdback and interest, then Project Co shall reimburse the CTC for all such excess cost.