Examples of using Failures to perform in English and their translations into Russian
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Official
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Colloquial
Delays, defects and other failures to perform.
A similar approach will be taken with regard to operation risks see further chapter VII,“Operational phase”,___; and chapter VIII,“Delays,defects and other failures to perform”.
These clauses are inserted in respect of failures to perform construction obligations, rather than in respect of failure to make payment.
Chapter VIII,“Delays, defects and other failures to perform”.
Consequences which may be appropriate to failures to perform particular auxiliary obligations are noted in the respective chapters of the Guide where those obligations are discussed.
It is sometimes recommended that the purchaser be given a choice of alternative remedies upon certain failures to perform by the contractor.
The circumstances under which the contract may permit the purchaser to terminate the contract in the event of a failure by the contractor to perform are discussed in other chapters, in particular in chapter IX,"Construction on site", paragraph 22, and chapter XVIII,"Delay,defects and other failures to perform.
The purchaser's remedies for such defects are discussed in chapter XVIII,"Delay,defects and other failures to perform", paragraphs 38 to 42.
It is particularly important to enable the host Government to take possession of the property as early as possible, so as to avoid start-up delay and increased project costs see chapter VIII,“Delays,defects and other failures to perform”.
The remedies which the purchaser may have for the supply of defective equipment and materials by the contractor are dealt with in chapter XVIII,"Delay,defects and other failures to perform", paragraphs 26 to 32.
In addition, the contract may include a guarantee in respect ofthe spare parts under which the contractor assumes liability for defects discovered and notified to him before the expiry of a guarantee period see chapter XVIII,"Delay,defects and other failures to perform.
They may wish to select such remedies as are appropriate to the obligations in question out of those which are described in the Guide in connection with a failure to perform construction obligations see chapter XVIII,"Delay,defects and other failures to perform", chapter XIX,"Liquidated damages and penalty clauses" and chapter XX,"Damages.
The possibility of subsequent changes in the host Government's policy for the sector concerned, including a decision to promote competition or to build parallel infrastructure, could further be dealt with by the parties in the provisions dealing with changes of circumstances see chapter VIII,“Delays,defects and other failures to perform”.
Moreover, if there is a resulting delay in the contractor's performance, he may, in addition, be liable to the purchaser for that delay see chapter XVIII,"Delay,defects and other failures to perform", paragraphs 17 to 25.
At the same time, some legal systems recognize certain implied conditions in all Government contracts that afford a certain level of protection to Government contractors, such as the right to review the terms of the contract following unforeseen changes in the circumstances see chapter VIII,“Delays,defects and other failures to perform”.
However, even if acceptance occurs, the contract may entitle the purchaser to exercise other remedies for defects in the accepted works see chapter XVIII,"Delay,defects and other failures to perform", paragraphs 38 to 48.
The contract might provide that the purchaser's failure to discover defects during those inspections and tests does not release the contractor from the responsibility to demonstrate by appropriate tests after completion that the works is free of defects cf. chapter XIII,"Completion, take-over and acceptance", paragraphs I and 24, and chapter XVIII,"Delay,defects and other failures to perform", paragraph 8.
The contract may provide that the purchaser is entitled to terminate the contract if the contractor fails to complete one of those portions within a reasonable or specified period of time after the passing of the relevant milestone date see chapter XVIII,"Delay,defects and other failures to perform", paragraphs 17 and 18, and chapter XXV,"Termination of contract", paragraph 9.
The contract may provide that performance tests are to be considered successful if they do not reveal the existence of serious defects in the works see chapter XVIII,"Delay,defects and other failures to perform", paragraph 27.
The cases in which the two-notice system might be required and those when the purchaser might be permitted to terminate immediately are also indicated in chapter XVIII,"Delay,defects and other failures to perform.
If the breach occurs before completion of the construction, the aggrieved party may, in addition, also be entitled in some situations to terminate the contract see chapter XVIII,"Delay,defects and other failures to perform", paragraph 65.
In such cases, therefore, the contract may provide that the milestone dates are obligatory, and that a contractor who fails to meet a milestone date is liable for delay see chapter XVIII,"Delay,defects and other failures to perform", paragraphs 17 and 18.
In addition, the concept of suspension does not cover the situation in which the purchaser is entitled to order the contractor to stop construction that isdefective see chapter XVIII,"Delay, defects and other failures to perform", paragraphs 28 to 31.
It might also provide that take-over by the purchaser does not connote any approval by him of the equipment or materials supplied by the contractor see chapter XII,"Inspections and tests during manufacture and construction", paragraph I, and chapter XVIII,"Delay,defects and other failures to perform", paragraphs 8 and 44.
The inspections and tests are, rather, intended to satisfy the. purchaser that manufacture and construction are proceeding in accordance with the agreed time-schedule(see chapter IX,"Construction on site", paragraphs 18 to 23) and in accordance with the contract see chapter XVIII,"Delay,defects and other failures to perform", paragraph 26.
If the purchaser fails to arrange for an extension, the contractor may be entitled to the same remedies to which he would be entitled in the event of a failure by the purchaser to pay the amount of the price to be covered by the extended letter of credit see chapter XVIII,"Delay,defects and other failures to perform", paragraphs 57 and 58.
The consequences of a failure by the purchaser to inspect, or to notify in time, defects discovered during the inspection, are discussed in chapter VIII,"Supply of equipment and materials", paragraph 20, and the remedies which the purchaser may have in respect of discovered defects are discussed in chapter XVIII,"Delay,defects and other failures to perform", paragraphs 8 and 30 to 32.
Means a failure to perform or improper performance of the tourism.
Failure to perform this duty creates a culture of impunity which perpetuates the violence.
Failure to perform any one of these three obligations constitutes a violation of such rights.