Common use of ACCEPTANCE OF NONCONFORMING WORK Clause in Contracts

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.