IMI PRECISION ENGINEERING REMEDIES Sample Clauses

IMI PRECISION ENGINEERING REMEDIES. 9.1 If the Supplier fails to deliver the Products and/or perform the Services by the applicable date, IMI Precision Engineering shall, without limiting its other rights or remedies, have one or more of the following rights: 9.1.1 to terminate the Contract (in whole or in part) with immediate effect by giving written notice to the Supplier; 9.1.2 to refuse to accept any subsequent performance of the Services and/or delivery of the Products which the Supplier attempts to make; 9.1.3 to recover from the Supplier any costs incurred by IMI Precision Engineering in obtaining substitute goods and/or services from a third party; 9.1.4 where IMI Precision Engineering has paid in advance for Services that have not been provided by the Supplier and/or Products which have not been delivered by the Supplier, to have such sums refunded by the Supplier; 9.1.5 to use premium freight for shipment of Products (the difference in cost between the premium freight shipment and the standard shipment costs shall be paid or reimbursed by the Supplier immediately upon IMI Precision Engineering’s request); and 9.1.6 to claim damages for any additional costs, losses or expenses incurred by IMI Precision Engineering which are in any way attributable to the Supplier's failure to meet such dates. 9.2 If the Supplier has delivered Products and/or performed Services that do not comply with the undertakings set out in the Contract, then, without limiting its other rights or remedies, IMI Precision Engineering shall have one or more of the following rights, whether or not it has accepted the Products and/or the Services: 9.2.1 to reject the Products and/or the Services (in whole or in part) whether or not title has passed and, to the extent necessary, to return them to the Supplier at the Supplier's own risk and expense; 9.2.2 to terminate the Contract (in whole or in part) with immediate effect by giving written notice to the Supplier; 9.2.3 to require the Supplier to repair, replace or re-perform the rejected Products and/or Services within five (5) days of being requested to do so, or to provide a full refund of the price of the rejected Products and/or Services; 9.2.4 to refuse to accept any subsequent delivery of the Products and/or the Services which the Supplier attempts to make; 9.2.5 to recover from the Supplier any expenditure incurred by IMI Precision Engineering in obtaining substitute products and/or services from a third party; and 9.2.6 to claim damages for any additional cos...
View SourceView Similar (2)

Related to IMI PRECISION ENGINEERING REMEDIES

  • SERVICE MONITORING, ANALYSES AND ORACLE SOFTWARE 11.1 We continuously monitor the Services to facilitate Oracle’s operation of the Services; to help resolve Your service requests; to detect and address threats to the functionality, security, integrity, and availability of the Services as well as any content, data, or applications in the Services; and to detect and address illegal acts or violations of the Acceptable Use Policy. Oracle monitoring tools do not collect or store any of Your Content residing in the Services, except as needed for such purposes. Oracle does not monitor, and does not address issues with, non-Oracle software provided by You or any of Your Users that is stored in, or run on or through, the Services. Information collected by Oracle monitoring tools (excluding Your Content) may also be used to assist in managing Oracle’s product and service portfolio, to help Oracle address deficiencies in its product and service offerings, and for license management purposes. 11.2 We may (i) compile statistical and other information related to the performance, operation and use of the Services, and (ii) use data from the Services in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes (clauses i and ii are collectively referred to as “Service Analyses”). We may make Service Analyses publicly available; however, Service Analyses will not incorporate Your Content, Personal Data or Confidential Information in a form that could serve to identify You or any individual. We retain all intellectual property rights in Service Analyses. 11.3 We may provide You with the ability to obtain certain Oracle Software (as defined below) for use with the Services. If we provide Oracle Software to You and do not specify separate terms for such software, then such Oracle Software is provided as part of the Services and You have the non-exclusive, worldwide, limited right to use such Oracle Software, subject to the terms of this Agreement and Your order (except for separately licensed elements of the Oracle Software, which separately licensed elements are governed by the applicable separate terms), solely to facilitate Your use of the Services. You may allow Your Users to use the Oracle Software for this purpose, and You are responsible for their compliance with the license terms. Your right to use any Oracle Software will terminate upon the earlier of our notice (by web posting or otherwise) or the end of the Services associated with the Oracle Software. Notwithstanding the foregoing, if Oracle Software is licensed to You under separate terms, then Your use of such software is governed by the separate terms. Your right to use any part of the Oracle Software that is licensed under the separate terms is not restricted in any way by this Agreement.

  • Geotechnical Engineer « »« » « » « » « » « »

  • Engineering Services Definition: Engineering Services includes any service or creative work, the adequate performance of which requires education, training and experience in the application of special knowledge in consulting, investigating, evaluating, planning and designing, engineering principles. Engineering Services covered by the ▇▇▇▇▇▇ Architect-Engineers Act (40 U.S.C. 1102) are not covered in the primary scope of OASIS SB. Examples: Service areas that are included under the Engineering Services discipline include, but are not limited to the following: 1. Systems Engineering 2. Advanced Technology Pilots and Trials 3. Alternative Energy Sources and Engineering 4. Configuration Management 5. Concept Development

  • Data Protection Impact Assessment and Prior Consultation Processor shall provide reasonable assistance to the Company with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Company reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.

  • Independent Engineer Contractor shall cooperate with Independent Engineer in the conduct of his or her duties in relation to the Project and the Work, including the duties listed in Attachment CC. No review, approval or disapproval by Independent Engineer shall serve to reduce or limit the liability of Contractor to Owner under this Agreement.