Common use of Correction of Work After Substantial Completion Clause in Contracts

Correction of Work After Substantial Completion. If, after Substantial Completion but prior to the expiration of the Defect Correction Period, any Work is found to be Defective, Contractor shall, at its sole cost and expense, immediately and on an expedited basis (i) correct such Defective Work, whether by repair, replacement or otherwise, as determined by Contractor (including any and all obligations in connection with such repair, modification, re-performance or replacement of the Defect, such as in and out costs, transportation costs, and any other costs necessary to fully correct the Defective Work) and (ii) subject to Contractor’s limitations of liability set forth in Section 9.2B, correct, and, if Owner performs any or all of the correction, be liable for Owner’s costs and expenses to correct, any other portions of the Facility damaged or affected by such Defective Work, whether by repair, replacement or otherwise (collectively, clauses (i) and (ii) shall be the “Corrective Work”). Owner shall provide Contractor with access to the Facility sufficient to perform its Corrective Work, so long as such access does not unreasonably interfere with the construction or operation of the Facility or the Mirant Delta Facility and subject to any reasonable security or safety requirements of Owner. In the event Contractor utilizes spare parts owned by Owner in the course of performing the Corrective Work, Contractor shall supply Owner free of charge with new spare parts equivalent in quality and quantity to all such spare parts used by Contractor as soon as possible following the utilization of such spare parts.