Common use of Liability for defects after Termination Clause in Contracts

Liability for defects after Termination. The Contractor shall be responsible for all defects and deficiencies in the Project Infrastructure for a period of [120 (one hundred and twenty) days] after Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Project Management Agency in the Project Infrastructure during the aforesaid period. In the event that the Contractor fails to repair or rectify such defector deficiency within a period of [15 (fifteen) days] from the date of notice issued by the Authority in this behalf, the Authority shall be entitled to get the same repaired or rectified at the Contractor’s risk and cost so as to make the Project Infrastructure conform to the Maintenance Requirements. All costs incurred by the Authority hereunder shall be reimbursed by the Contractor to the Authority within [15 (fifteen) days] of receipt of demand thereof, and in the event of default in reimbursing such costs, the Authority shall be entitled to recover the same from the funds retained in the Escrow Account under the provisions of Article 32.2 or from the Performance Guarantee provided thereunder. For avoidance of doubt, the provisions of this Article 34 shall not apply if Termination occurs prior to [Project COD]

Appears in 1 contract

Sources: Contract Agreement

Liability for defects after Termination. The Contractor Concessionaire shall be responsible for all defects and deficiencies in the Project Infrastructure Project, during the Concession Period and for a period of [120 (one hundred and twenty) days] days after TerminationTermination (including expiry of the Concession Period), and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Project Management Agency Independent Expert in the Project Infrastructure during the aforesaid period. In the event that the Contractor Concessionaire fails to repair or rectify such defector defect or deficiency within a period of [15 (fifteen) days] days from the date of notice issued by the Authority Authority/Independent Expert in this behalf, the Authority shall be entitled to get the same repaired or rectified at the ContractorConcessionaire’s risk and cost so as to make the Project Infrastructure conform to the Maintenance Requirements. All costs incurred by the Authority hereunder shall be reimbursed by the Contractor Concessionaire to the Authority within [15 (fifteen) days] days of receipt of demand thereof, and in the event of default in reimbursing such costs, the Authority shall be entitled to recover the same from the funds retained in the Escrow Account under the provisions of Article 32.2 or from the Performance Guarantee provided thereunder. For the avoidance of doubt, the provisions of this Article 34 33 shall not apply if Termination occurs prior to [Project Final COD].

Appears in 1 contract

Sources: Concession Agreement