Unsatisfactory Work Clause Samples

Unsatisfactory Work. If, at any time during the contract term, the service performed or work done by Contractor is considered by the MDHS to create a condition that threatens the health, safety, or welfare of the citizens and/or employees of the State of Mississippi, Contractor shall, on being notified by the MDHS, immediately correct such deficient service or work. In the event Contractor fails, after notice, to correct the deficient service or work immediately, the MDHS shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of Contractor.

Unsatisfactory Work. If the Construction Consultant or Administrative Agent shall determine that a portion of the Construction Work for which Loans are sought is Unsatisfactory Work, Administrative Agent shall be entitled to (a) withhold from such Loans such amounts the proceeds of which are intended to pay for the Unsatisfactory Work and (b) to the extent the Construction Consultant reasonably determines that the failure to remedy such Unsatisfactory Work prior to proceeding with Construction Work would have a material adverse impact on the value of the Project or the ability to complete other work pursuant to the Plans and Specifications, require the affected portion of the Construction Work to be stopped until such time as Administrative Agent and the Construction Consultant are satisfied that the Unsatisfactory Work is corrected, and no such action by Administrative Agent shall be deemed to affect Borrower's Completion obligation with respect to the Improvements on or before the Completion Date or right to proceed with and receive Loans in connection with Construction Work that is not affected by the Unsatisfactory Work, and the Lenders shall, subject to compliance by Borrower with all other applicable requirements of this Agreement, be required to make Loans with respect to such Unsatisfactory Work only after the Construction Consultant and Administrative Agent shall have determined that the work which had been identified as Unsatisfactory Work has been corrected to the satisfaction of the Construction Consultant and Administrative Agent. No Waiver or Approval by Reason of Loan Advances. The making of any Loans by the Lenders shall not be deemed an acceptance or approval by Administrative Agent or the Lenders (for the benefit of Borrower or any third party) of the completed Construction Work or other work theretofore done or constructed or to the Lenders' obligations to make further Loans, nor, in the event Borrower is unable to satisfy any condition, shall any such failure to insist upon strict compliance have the effect of precluding Administrative Agent or the Lenders from thereafter declaring such inability to be an Event of Default as herein provided. Administrative Agent's and/or the Lenders' waiver of, or failure to enforce, any conditions to or requirements associated with any Loans in any one or more circumstances shall not constitute or imply a waiver of such conditions or requirements in any other circumstances.

Unsatisfactory Work. Borrower shall fail to cause any Unsatisfactory Work to be corrected to the satisfaction of Lender and its construction consultant within ten (10) Business Days after notice of such disapproval, provided that, if such Unsatisfactory Work cannot reasonably be corrected within such ten (10)-day period, then so long as Borrower shall have commenced to cause the correction of such Unsatisfactory Work within such ten (10)-day period and thereafter diligently and expeditiously proceeds to cause the correction of the same, such ten (10)-day period shall be extended for such time as is reasonably necessary for Borrower in the exercise of due diligence to cause the correction of such Unsatisfactory Work, but in no event beyond the date that is sixty (60) days after the applicable notice of disapproval.

Unsatisfactory Work. If the Construction Consultant or the Administrative Agent shall determine that a portion of the Construction Work for which Loans are sought is Unsatisfactory Work, the Administrative Agent shall be entitled to (1) withhold from such Loans amounts sufficient to pay for the Unsatisfactory Work and (2) if such Unsatisfactory Work is significant such that the failure to correct the same will have a Material Adverse Effect, require the Construction Work to be stopped until such time as the Administrative Agent and the Construction Consultant are satisfied that the Unsatisfactory Work is corrected. No such action by the Administrative Agent shall be deemed to affect Borrower’s obligation to complete the Improvements on or before the Completion Date. The Lenders shall, subject to compliance by Borrower with all other applicable requirements of this Agreement, be required to make Loans with respect to such Unsatisfactory Work only after the Construction Consultant and the Administrative Agent shall have determined that the work which had been identified as Unsatisfactory Work has been corrected to the satisfaction of the Construction Consultant and the Administrative Agent.

Unsatisfactory Work. If any of the work done, or material, goods, or equipment provided by the Contractor is unsatisfactory to the City, the Contractor shall, on being notified by the City, immediately remove at the Contractor's expense such unsatisfactory work, material, goods, or equipment and replace the same with work, material, goods, or equipment satisfactory to the City. In the event the Contractor fails within fifteen (15) days after receipt of written notice to remove improper or unsuitable work, material, goods, or equipment and replace it with suitable and satisfactory work, material, goods, or equipment, the City shall have the right, but not the obligation, to remove or replace the rejected work, material, goods, or equipment at the expense of the Contractor. This paragraph applies during the Contract term and during any warranty or guarantee period. At its discretion, the City shall be entitled to offset such expense against any sums owed by the City to the Contractor under this Contract. If the Project Officer and the City deem it expedient not to require correction or replacement of the work which has not been done in accordance with the Contract, an appropriate adjustment to the Contract Amount may be made therefore.

Unsatisfactory Work. The Contractor must within 15 days of written notice from the County remove and replace, at its expense, any goods that the County rejects as unsatisfactory. Otherwise, the County may choose to remove or replace the rejected goods at the Contractor’s expense. The County may offset the costs against any amounts that it owes the Contractor. The County may also decide not to remove or replace the unsatisfactory goods and instead to adjust the Contract Amount to account for the unsatisfactory performance. This paragraph applies throughout the Contract Term and any warranty or guarantee period.

Unsatisfactory Work. If, at any time during the contract term, the service performed or work done by Contractor is considered by the Agency to create a condition that threatens the health, safety, or welfare of the citizens and/or employees of the State of Mississippi, Contractor shall, on being notified by the Agency, immediately correct such deficient service or work. In the event Contractor fails, after notice, to correct the deficient service or work immediately, the Agency shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of Contractor.

Unsatisfactory Work. If any work done, or materials, goods, or equipment provided, by the Contractor is unsatisfactory to ACPS, the Contractor shall, on being notified by ACPS in writing, immediately remove, at the Contractor’s expense, such unsatisfactory work, material, goods or equipment and replace the same with work, material, goods, or equipment satisfactory to ACPS. In the event the Contractor fails to, within fifteen (15) calendar days after the receipt of written notice, correct improper or unsuitable work, material, goods or equipment, ACPS shall have the right, but not the obligation, to remove or replace the rejected work, material, goods, or equipment at the expense of the Contractor. This paragraph applies during the Agreement Period and during any warranty period. At its discretion, ACPS shall be entitled to offset such expense against any sums owed by ACPS to the Contractor under this Agreement. If ACPS deems expedient not to require correction or replacement of the work which has not been done in accordance with the Agreement, an appropriate adjustment to price for the specific work performed, but not acceptable to ACPS may be made therefor.

Unsatisfactory Work. If, at any time during the contract term, the service performed or work done by Contractor is considered by DFA to create a condition that threatens the health, safety, or welfare of the citizens and/or employees of the State of Mississippi, Contractor shall, on being notified by DFA, immediately correct such deficient service or work. In the event Contractor fails, after notice, to correct the deficient service or work immediately, DFA shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of Contractor.