ACCEPTANCE OF NONCONFORMING WORK Sample Clauses

ACCEPTANCE OF NONCONFORMING WORK. 9.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the GMP Contract Sum will be reduced, if appropriate, as determined by the Owner in its reasonable discretion. Such reduction will be effective whether or not final payment has been made.

ACCEPTANCE OF NONCONFORMING WORK. If the Department knowingly elects to accept nonconforming work, it may do so instead of requiring its removal and correction. If nonconforming work is accepted, a credit Change Order shall be issued to reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shall be paid by the Contractor and/or the Contractor's surety.

ACCEPTANCE OF NONCONFORMING WORK. If the District prefers to accept any or all of the Work that is not in accordance with requirements of the Contract Documents, the District may do so instead of requiring its correction and/or removal, in which case the GMP will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not Final Payment to the DBE has been made.

ACCEPTANCE OF NONCONFORMING WORK. The Authority may, in its sole discretion, accept Work which is not in accordance with the requirements of the Contract Documents, rather than requiring its removal and correction, in which case the Guaranteed Maximum Price shall be reduced by Change Order in an equitable amount. Such adjustment shall be effected whether or not final payment to Contractor has been made.

ACCEPTANCE OF NONCONFORMING WORK. If Webvan, in its sole discretion, elects to accept any completed portion of DC Project work which is not in accordance with the requirements of the Contract Documents for such DC Project, Webvan may do so instead of requiring its removal and correction, in which case the Approved Cost of the Work for such DC Project will be reduced as appropriate and equitable.

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is defective or not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. The Owner shall never be obligated to accept defective or non-conforming Work, or damages for the difference in value between conforming and defective or nonconforming Work, and in all cases the Owner shall be entitled to full removal and correction of defective or non-conforming Work.

ACCEPTANCE OF NONCONFORMING WORK. If the City prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the GMP will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If Director prefers to accept work which is not in accordance with requirements of the Contract Documents, Director may do so only by issuance of Change Order, instead of requiring its removal and correction. CMAR and Director will mutually agree on the CGMP or GMP reduction, as applicable. The reduction will become effective even if final payment has been made.

ACCEPTANCE OF NONCONFORMING WORK. VPRA may, in its sole discretion, Accept any Nonconforming Work without requiring it to be fully corrected. If VPRA Accepts Nonconforming Work, VPRA will be entitled to reduce the Contract Price (or to be reimbursed a portion of the Contract Price, if applicable). The reduction in Contract Price (or reimbursement) shall equal, at VPRA’s election: (a) Design-Builder’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract Documents; and/or (b) the amount deemed appropriate by VPRA to provide compensation for impacts to affected Nonconforming Work, such as future additional maintenance and other costs and loss of value. When VPRA deems it appropriate, VPRA will be entitled to a pay adjustment (or reimbursement) as expressly stated elsewhere in the Contract Documents. Any failure by VPRA to discover Nonconforming Work after Acceptance of the Work, including Acceptance at a Hold Point, shall not constitute VPRA’s Acceptance of the Nonconforming Work and does not relieve Design-Builder of its obligations under this Section 5.5 or affect VPRA’s rights under this Section 5.5.