Common use of Correction of Defective Work Clause in Contracts

Correction of Defective Work. 9.5.1 Vendor agrees to correct any work that is found not to be in conformance with Section 9.1, but subject to the exclusions set forth in Sections 9.2 and 9.3, within a period of [*] from the Substantial Completion Date as defined and set forth in the * Confidential Treatment Requested ECC; provided that with respect to any warranty repair or replacement, which may include the provision of additional equipment and materials, and modification of such additional equipment and materials, as necessary, such period shall extend for the longer of the remaining warranty period, or one (1) year from completion of such repair, replacement, modification or addition; and provided further, that in no event shall any warranty period be extended beyond twelve (12) months following the expiration of the original warranty period. All correction of defective work under this Section 9.5.1 will include the cost of removal, disassembly, repair, replacement and re-assembly of the warranted items. Owner’s sole remedy with respect to any work that is not in compliance with Section 9.1 and subject to the limitations set forth in Sections 9.2 and 9.3 shall be reperformance of deficient services, or correction of the defective work pursuant to this Article 9, and/or pursuit of any applicable warranty claim on any warranty issued by a supplier or manufacturer. Notwithstanding the foregoing, Vendor’s warranty with respect to the Leased Tools and to any services provided under this Agreement with respect to the Leased Tools leased to Owner under the CPSFA shall extend for twelve (12) months only from the date the Leased Tools have met the Acceptance Criteria under the CPSFA and are ready to be placed in service. Warranty repair or replacement, or reperformance of deficient services, with respect to the Leased Tools shall be rewarranted for twelve (12) months provided that in no event may any warranty with respect to the Leased Tools exceed twelve (12) months following expiration of the original warranty period applicable to the Leased Tools. 9.5.2 Vendor shall, at its sole cost and within a reasonable time, or immediately with respect to an event involving safety, of receipt of written notice from Owner that its work is not in conformance with the Contract Documents (but not longer than twenty (20) Days, save for an event involving safety) take meaningful steps to commence correction of such nonconforming work, including the correction, removal or replacement of the nonconforming work and correction or replacement of any work damaged by such nonconforming work or reperformance of deficient services. 9.5.3 If Vendor fails to commence the necessary steps within the time period set forth in Section 9.5.2, or fails to continue to prosecute such steps through to completion, Owner may provide Vendor with written notice that Owner will commence or assume correction of such nonconforming work and repair of such damaged work with its own resources within seven (7) Days after Vendor’s receipt of such notice. If Owner does perform such corrective and repair work, Vendor shall be responsible for all reasonable costs incurred by Owner in performing such correction and such corrective and repair work performed by Owner shall remain subject to warranty in accordance with the terms of this Article 9.

Correction of Defective Work. 9.5.1 Vendor 8.2.1 Design-Builder agrees to correct any work Work that is found to not to be in conformance with Section 9.1the Contract Documents, but including that part of the Work subject to the exclusions set forth in Sections 9.2 and 9.3Section 8.1, within a period of [*] from the Substantial Completion Date as defined and set forth in the * Confidential Treatment Requested ECC; provided that with respect to any warranty repair or replacement, which may include the provision of additional equipment and materials, and modification of such additional equipment and materials, as necessary, such period shall extend for the longer of the remaining warranty period, or one (1) year from completion the date of Substantial Completion of the Work; provided that Owner must report such non-conformance within ten (10) days of the earlier of (i) the date that Owner becomes aware of such repairfailure or non-conformance, replacementor (ii) the date Owner should have become aware of such failure or non-conformance had Owner acted in a reasonable manner and operated pursuant to applicable operating manuals, modification inspection requirements, and maintenance logs as provided by Design-Builder or additionthe appropriate vendor; and provided further, that in no event such one (1)-year period shall any warranty period be extended beyond twelve one (121) months following the expiration Day for any part of the original warranty period. All correction of defective work under this Section 9.5.1 will include Work that is found to be not in conformance with the cost of removal, disassembly, repair, replacement and re-assembly Contract Documents for each Day that such part of the warranted items. Owner’s sole remedy with respect to any work that Work is not operating in compliance conformity with Section 9.1 and subject to the limitations set forth in Sections 9.2 and 9.3 shall be reperformance of deficient servicesContract Documents, or correction including any time during which any part of the defective work Work is repaired or replaced pursuant to this Article 9, and/or pursuit of any applicable warranty claim on any warranty issued by a supplier or manufacturer. Notwithstanding the foregoing, Vendor’s warranty with respect to the Leased Tools and to any services provided under this Agreement with respect to the Leased Tools leased to Owner under the CPSFA shall extend for twelve (12) months only from the date the Leased Tools have met the Acceptance Criteria under the CPSFA and are ready to be placed in service. Warranty repair or replacement, or reperformance of deficient services, with respect to the Leased Tools shall be rewarranted for twelve (12) months provided that in no event may any warranty with respect to the Leased Tools exceed twelve (12) months following expiration of the original warranty period applicable to the Leased Tools8. 9.5.2 Vendor 8.2.2 Design-Builder shall, at its sole cost and within a reasonable time, or immediately with respect to an event involving safety, seven (7) Days of receipt of written notice from Owner that its work the Work is not in conformance with the Contract Documents (but not longer than twenty (20) DaysDocuments, save for an event involving safety) take meaningful steps to commence correction of such nonconforming workWork, including the correction, removal or replacement of the nonconforming work Work and correction or replacement of any work Work damaged by such nonconforming work or reperformance of deficient services. 9.5.3 Work. If Vendor Design-Builder fails to commence the necessary steps within the time such seven (7) Day period set forth in Section 9.5.2, or fails to continue to prosecute perform such steps through to completion, Owner Owner, in addition to any other remedies provided under the Contract Documents, may provide Vendor Design-Builder with written notice that Owner will commence or assume correction of such nonconforming work Work and repair of such damaged work Work with its own resources within seven (7) Days after Vendor’s receipt of resources. If, following such written notice. If , Owner does perform performs such corrective and repair workWork, Vendor Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction. If, following such correction and written notice, Owner performs such corrective and repair work performed Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) Day periods identified herein shall remain subject to warranty in accordance with be inapplicable and Design-Builder shall immediately correct, remove or replace the terms of this Article 9nonconforming Work.