Common use of Correction Period Clause in Contracts

Correction Period. If within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by Architect and/or Owner, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of Architect, Architect’s Consultants, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced, the correction period hereunder with respect to such Work will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. Contractor's obligations under this paragraph are in addition to any other obligation or warranty. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. Contractor shall confirm that its payment and performance bond provides coverage for all corrective work during the Correction Period.

Correction Period. A. If within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's CONTRACTOR’s use by Owner OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, Contractor CONTRACTOR shall promptly, without cost to Owner OWNER and in accordance with Owner's OWNER’s written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by Architect and/or OwnerOWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. If Contractor CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner OWNER may have the defective Work corrected or repaired or may have the rejected Work removed re- moved and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of Architectengineers, Architect’s Consultantsarchitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CONTRACTOR. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. . C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replacedreplaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. Contractor's . D. CONTRACTOR’s obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. Contractor shall confirm that its payment and performance bond provides coverage for all corrective work during the Correction Period.

Correction Period. A. If within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work Construction is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations is found to be defective, Contractor DESIGN/BUILDER shall promptly, without cost to Owner OWNER and in accordance with Owner's OWNER’s written instructions: , (i) repair such defective land or areas, or (ii) correct such defective Work Construction, or, if the defective Work it has been rejected by Architect and/or OwnerOWNER, remove it from the Project Site and replace it with Work Construction that is not defective, and (iiiii) satisfactorily correct or repair or remove and replace any damage to other Work, to Construction or the work of others or other land or areas resulting therefrom. If Contractor DESIGN/BUILDER does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner OWNER may have the defective Work Construction corrected or repaired or may have the rejected Work Construction removed and replaced, and all Claims, costs, losses, costs and damages (including but not limited to all fees and charges of Architect, Architect’s Consultants, attorneys, and other professionals and all court caused by or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or resulting from such removal and replacement (including but not limited to all reasonable fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by ContractorDESIGN/BUILDER, subject to the provisions of paragraph 16.06. In special circumstances where a particular item of equipment is placed Nothing in continuous service before Substantial Completion of all the Work, the correction period for that item may start this paragraph shall be interpreted or construed as requiring DESIGN/BUILDER to run from an earlier date if so provided in the Specifications correct or remove and replace defective Construction accepted by Written Amendment. OWNER pursuant to paragraph 12.08 below. B. Where defective Work Construction (and damage to other Work Construction resulting therefrom) has been corrected corrected, removed or removed and replacedreplaced under this paragraph 12.07, the correction period hereunder with respect to such Work Construction will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. Contractor's obligations under this paragraph are in addition to any other obligation or warranty. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. Contractor shall confirm that its payment and performance bond provides coverage for all corrective work during the Correction Period.

Correction Period. A. If within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work Construction is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations is found to be defective, Contractor DESIGN/BUILDER shall promptly, without cost to Owner OWNER and in accordance with Owner's OWNER’s written instructions: , (i) repair such defective land or areas, or (ii) correct such defective Work Construction, or, if the defective Work it has been rejected by Architect and/or OwnerOWNER, remove it from the Project Site and replace it with Work Construction that is not defective, and (iiiii) satisfactorily correct or repair or remove and replace any damage to other Work, to Construction or the work of others or other land or areas resulting therefrom. If Contractor DESIGN/BUILDER does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner OWNER may have the defective Work Construction corrected or repaired or may have the rejected Work Construction removed and replaced, and all Claims, costs, losses, costs and damages (including but not limited to all fees and charges of Architect, Architect’s Consultants, attorneys, and other professionals and all court caused by or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or resulting from such removal and replacement (including but not limited to all reasonable fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by ContractorDESIGN/BUILDER subject to the provisions of paragraph 16.06 below. In special circumstances where a particular item Nothing in this paragraph shall be interpreted or construed as requiring DESIGN/BUILDER to correct or remove and replace defective Construction accepted by OWNER pursuant to paragraph 12.08 below. Defective equipment or parts thereof shall be covered by the warranty set forth in Exhibit I attached hereto and not the provisions of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. this paragraph 12.07. B. Where defective Work Construction (and damage to other Work Construction resulting therefrom) has been corrected corrected, removed or removed and replacedreplaced under this paragraph 12.07, the correction period hereunder with respect to such Work Construction will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. Contractor's obligations under this paragraph are in addition to any other obligation or warranty. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. Contractor shall confirm that its payment and performance bond provides coverage for all corrective work during the Correction Period.

Correction Period. A. If within one two (12) year years after the date of Substantial Completion Final Acceptance (or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's ’s use by Owner City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to Owner City and in accordance with Owner's City’s written instructions: (i) : 1. repair such defective land or areas, or (ii) ; or 2. correct such defective Work Work; or, 3. if the defective Work has been rejected by Architect and/or OwnerCity, remove it from the Project and replace it with Work that is not defective, and (iii) and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. . B. If Contractor does not promptly comply with the terms of such City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims. All claims, costs, losses, and damages (including but not limited to all fees and charges of Architectengineers, Architect’s Consultantsarchitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. . C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replacedreplaced under this Paragraph 11.07, the correction period hereunder with respect to such Work will may be required to be extended for an additional period of one (1) year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such correction or removal and replacement has been satisfactorily completedadditional warranty coverage be required. Contractor's ’s obligations under this paragraph Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this paragraph Paragraph 11.07 shall not be construed as a substitute for for, or a waiver of of, the provisions of any applicable statute of limitation or repose. Contractor shall confirm that its payment and performance bond provides coverage for all corrective work during the Correction Period.

Correction Period. A. If within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work Construction is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations is found to be defective, Contractor DESIGN/BUILDER shall promptly, without cost to Owner OWNER and in accordance with OwnerOWNER's written instructions: , (i) repair such defective land or areas, or (ii) correct such defective Work i Construction, or, if the defective Work it has been rejected by Architect and/or OwnerOWNER, remove it from the Project Site and replace it with Work Construction that is not defective, and (iiiii) satisfactorily correct or repair or remove and replace any damage to other Work, to Construction or the work of others or other land or areas resulting therefrom. If Contractor DESIGN/BUILDER does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner OWNER may have the defective Work Construction corrected or repaired or may have the rejected Work Construction removed and replaced, and all Claims, costs, losses, costs and damages (including but not limited to all fees and charges of Architect, Architect’s Consultants, attorneys, and other professionals and all court caused by or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or resulting from such removal and replacement (including but not limited to all reasonable fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by ContractorDESIGN/BUILDER subject to the provisions of paragraph 16.06 below. In special circumstances where a particular item Nothing in this paragraph shall be interpreted or construed as requiring DESIGN/BUILDER to correct or remove and replace defective Construction accepted by OWNER pursuant to paragraph 12.08 below. Defective equipment or parts thereof shall be covered by the warranty set forth in Exhibit I attached hereto and not the provisions of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. this paragraph 12.07. B. Where defective Work Construction (and damage to other Work Construction resulting therefrom) has been corrected corrected, removed or removed and replacedreplaced under this paragraph 12.07, the correction period hereunder with respect to such Work Construction will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. Contractor's obligations under this paragraph are in addition to any other obligation or warranty. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. Contractor shall confirm that its payment and performance bond provides coverage for all corrective work during the Correction Period.

Correction Period. A. If within one (1) year after the date of Substantial Completion of the entire Work or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations Design Professional Services and/or Construction is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: , (i) repair such defective land or areas, or (ii) correct such defective Work Design Professional Services and/or Construction, or, if the defective Work it has been rejected by Architect and/or Owner, remove it the Construction from the Project Site and replace it with Work Construction that is not defective, and (iiiii) satisfactorily correct or repair or remove and replace any damage to other Work, to Construction or the work of others or other land or areas resulting therefrom. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work Design Professional Services and/or Construction corrected or repaired or may have the rejected Work Construction removed and replaced, and all Claims, costs, losses, and damages caused by or resulting from such removal and replacement (including but not limited to all fees and charges of Architectengineers, Architect’s Consultantsarchitects, attorneysattorneys and other professionals, all litigation costs, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. Nothing herein shall be construed to change, limit or waive any rights or remedies to which Owner may be entitled, including, without limitation, recovery for breach of contract, professional malpractice, or otherwise, within the applicable Statute of Limitations. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Conceptual Documents. C. Where defective Work Design Professional Services and/or Construction (and damage to other Work Construction resulting therefrom) has have been corrected corrected, removed or removed and replacedreplaced under this paragraph 12.7, the correction period hereunder with respect to such Work Construction will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. Contractor's obligations under this paragraph are in addition to any other obligation or warranty. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. Contractor shall confirm that its payment and performance bond provides coverage for all corrective work during the Correction Period.

Correction Period. A. If within one (1) year after the date of Substantial Completion (or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's Construction Manager’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor Construction Manager shall promptly, without cost to Owner and in accordance with Owner's ’s written instructions: (i) : 1. repair such defective land or areas, or (ii) ; or 2. correct such defective Work Work; or, 3. if the defective Work has been rejected by Architect and/or Owner, remove it from the Project and replace it with Work that is not defective, and (iii) SAMPLE 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. . B. If Contractor Construction Manager does not promptly comply with the terms of such Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims. All claims, costs, losses, and damages (including but not limited to all fees and charges of Architectengineers, Architect’s Consultantsarchitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Construction Manager. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replacedreplaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. Contractor's , or for the remaining period of time of any applicable special guarantee by the Contract Documents, whichever is longer. D. Construction Manager’s obligations under this paragraph Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph Paragraph 13.07 shall not be construed as a substitute for for, or a waiver of of, the provisions of any applicable statute of limitation or repose. Contractor shall confirm that its payment and performance bond provides coverage for all corrective work during the Correction Period.

Correction Period. A. If within one (1) year after the date of Substantial Completion of the entire Work or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work Construction is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations is found to be defective, Contractor Design/Builder shall promptly, without cost to Owner and in accordance with Owner's ’s written instructions: , (i) repair such defective land or areas, or (ii) correct such defective Work Construction, or, if the defective Work it has been rejected by Architect and/or Owner, remove it from the Project Site and replace it with Work Construction that is not defective, and (iiiii) satisfactorily correct or repair or remove and replace any damage to other Work, to Construction or the work of others or other land or areas resulting therefromthere from. If Contractor Design/Builder does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work Construction corrected or repaired or may have the rejected Work Construction removed and replaced, and all Claims, costs, losses, and damages caused by or resulting from such removal and replacement (including but not limited to all fees and charges of Architectengineers, Architect’s Consultantsarchitects, attorneys, attorneys and other professionals and professionals, all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal , and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. Design/Builder. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Conceptual Documents. C. Where defective Work Construction (and damage to other Work Construction resulting therefromthere from) has been corrected corrected, removed or removed and replacedreplaced under this paragraph 12.07, the correction period hereunder with respect to such Work Construction will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. Contractor's obligations under this paragraph are in addition to any other obligation or warranty. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. Contractor shall confirm that its payment and performance bond provides coverage for all corrective work during the Correction Period.

Correction Period. 24.1 If within one (1) year after the date of Substantial Completion (or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: (i) repair such defective land Work; or areas, or (ii) correct such defective Work or, Work; or if the defective Work has been rejected by Architect and/or Owner, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. If Contractor does not promptly comply with the terms of such Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims. All claims, costs, losses, and damages (including but not limited to all fees and charges of Architectengineers, Architect’s Consultantsarchitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replacedreplaced under this Paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. Contractor's obligations under this paragraph Paragraph are in addition to any other obligation or warranty. The provisions of this paragraph Paragraph shall not be construed as a substitute for for, or a waiver of of, the provisions of any applicable statute of limitation or repose. Nothing in this Article concerning the correction period shall establish a period of limitation with respect to any other obligation which Contractor shall confirm that its payment has under the Contract Documents. The establishment of time periods relates only to the specific obligations of Contractor to correct the Work and performance bond provides coverage for all corrective work during has no relationship to the Correction Period.time within which Contractor's obligations under the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's obligations other than to specifically correct the Work

Correction Period. CONTRACTOR warrants all material and workmanship for a minimum of one (1) year from date of acceptance by the CITY. If within one (1) year after the date of Substantial Completion final completion or such longer period of time as may be prescribed by Laws laws or Regulations regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work WORK is found to be defective, whether observed before or if the repair of any damages to the land or areas made available for Contractor's use after acceptance by Owner or permitted by Laws and Regulations is found to be defectiveCITY, Contractor CONTRACTOR shall promptly, without cost to Owner CITY and in accordance with Owner's CITY'S written instructions: (i) repair such defective land or areas, or (ii) either correct such defective Work WORK, or, if the defective Work it has been rejected by Architect and/or OwnerCITY, remove it from the Project site and replace it with Work WORK that is not defective, defective and (iii) satisfactorily correct or repair or and remove and replace any damage to other Work, to WORK or the work of others or other land or areas resulting therefrom. If Contractor CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner CITY may have the defective Work workmanship corrected or repaired or may have the rejected Work WORK removed and replaced, and all Claimsdirect, costs, losses, indirect and damages (including but not limited to all fees and charges consequential costs of Architect, Architect’s Consultants, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs fees and charges of repair or replacement of work of othersengineers, ENGINEER’S, attorneys and other professionals) will be paid by Contractor. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. CONTRACTOR. 9.4.1 Where defective Work WORK (and damage to other Work WORK resulting therefrom) has been corrected corrected, removed or removed and replacedreplaced under this paragraph, the correction period hereunder with respect to such Work WORK will be extended for an additional period of one 9.4.2 Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations which CONTRACTOR might have under the Contract Documents. Establishment of the time period of one (1) year after such correction or removal and replacement has been satisfactorily completed. Contractor's obligations under this paragraph are as described in addition Paragraph 9.4.1 relates only to any other the specific obligation or warranty. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. Contractor shall confirm that its payment CONTRACTOR to correct the WORK, and performance bond provides coverage for all corrective work during has no relationship to the Correction Period.time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which

Correction Period. A. If within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work Construction is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations is found to be defective, Contractor DESIGN/BUILDER shall promptly, without cost to Owner OWNER and in accordance with Owner's OWNER'S written instructions: , (i) repair such defective land or areas, or (ii) correct such defective Work Construction, or, if the defective Work it has been rejected by Architect and/or OwnerOWNER, remove it from the Project Site and replace it with Work Construction that is not defective, and (iiiii) satisfactorily correct or repair or remove and replace any damage to other Work, to Construction or the work of others or other land or areas resulting therefrom. If Contractor DESIGN/BUILDER does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner OWNER may have the defective Work Construction corrected or repaired or may have the rejected Work Construction removed and replaced, and all Claims, costs, losses, costs and damages (including but not limited to all fees and charges of Architect, Architect’s Consultants, attorneys, and other professionals and all court caused by or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or resulting from such removal and replacement (including but not limited to all reasonable fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by ContractorDESIGN/BUILDER, subject to the provisions of paragraph 16.06. In special circumstances where a particular item of equipment is placed Nothing in continuous service before Substantial Completion of all the Work, the correction period for that item may start this paragraph shall be interpreted or construed as requiring DESIGN/BUILDER to run from an earlier date if so provided in the Specifications correct or remove and replace defective Construction accepted by Written Amendment. OWNER pursuant to paragraph 12.08 below. B. Where defective Work Construction (and damage to other Work Construction resulting therefrom) has been corrected corrected, removed or removed and replacedreplaced under this paragraph 12.07, the correction period hereunder with respect to such Work Construction will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. Contractor's obligations under this paragraph are in addition to any other obligation or warranty. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. Contractor shall confirm that its payment and performance bond provides coverage for all corrective work during the Correction Period.

Correction Period. A. If within one (1) year after the date of Substantial Completion (or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas made available for Contractor's use used by Owner or Contractor as permitted by Laws and Regulations Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner's ’s written instructions: (i) repair : 1. correct the defective repairs to the Site or such defective land or other adjacent areas, or (ii) ; 2. correct such defective Work or, Work; 3. if the defective Work has been rejected by Architect and/or Owner, remove it from the Project and replace it with Work that is not defective, and (iii) and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others others, or to other land or areas resulting therefrom. . B. If Contractor does not promptly comply with the terms of such Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and . Contractor shall pay all Claimsclaims, costs, losses, and damages (including but not limited to all fees and charges of Architectengineers, Architect’s Consultantsarchitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. ). C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replacedreplaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. . E. Contractor's ’s obligations under this paragraph are in addition to any all other obligation or warrantyobligations and warranties. The provisions of this paragraph shall not be construed as a substitute for for, or a waiver of of, the provisions of any applicable statute of limitation or repose. Contractor shall confirm that its payment and performance bond provides coverage for all corrective work during the Correction Period.

Correction Period. A. If within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work Construction is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations is found to be defective, Contractor DESIGN/BUILDER shall promptly, without cost to Owner OWNER and in accordance with OwnerOWNER's written instructions: , (i) repair such defective land or areas, or (ii) correct such defective Work Construction, or, if the defective Work it has been rejected by Architect and/or Owner-57- OWNER, remove it from the Project Site and replace it with Work Construction that is not defective, and (iiiii) satisfactorily correct or repair or remove and replace any damage to other Work, to Construction or the work of others or other land or areas resulting therefrom. If Contractor DESIGN/BUILDER does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner OWNER may have the defective Work Construction corrected or repaired or may have the rejected Work Construction removed and replaced, and all Claims, costs, losses, costs and damages (including but not limited to all fees and charges of Architect, Architect’s Consultants, attorneys, and other professionals and all court caused by or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or resulting from such removal and replacement (including but not limited to all reasonable fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by ContractorDESIGN/BUILDER subject to the provisions of paragraph 16.06 below. In special circumstances where a particular item Nothing in this paragraph shall be interpreted or construed as requiring DESIGN/BUILDER to correct or remove and replace defective Construction accepted by OWNER pursuant to paragraph 12.08 below. Defective equipment or parts thereof shall be covered by the warranty set forth in Exhibit I attached hereto and not the provisions of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. this paragraph 12.07. B. Where defective Work Construction (and damage to other Work Construction resulting therefrom) has been corrected corrected, removed or removed and replacedreplaced under this paragraph 12.07, the correction period hereunder with respect to such Work Construction will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. Contractor's obligations under this paragraph are in addition to any other obligation or warranty. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. Contractor shall confirm that its payment and performance bond provides coverage for all corrective work during the Correction Period.

Correction Period. A. If within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work Construction is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations is found to be defective, Contractor DESIGN/BUILDER shall promptly, without cost to Owner OWNER and in accordance with OwnerOWNER's written instructions: , (i) repair such defective land or areas, or (ii) correct such defective Work Construction, or, if the defective Work it has been rejected by Architect and/or OwnerOWNER, remove it from the Project Site and replace it with Work Construction that is not defective, and (iiiii) satisfactorily correct or repair or remove and replace any damage to other Work, to Construction or the work of others or other land or areas resulting therefrom. If Contractor DESIGN/BUILDER does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner OWNER may have the defective Work Construction corrected or repaired or may have the rejected Work Construction removed and replaced, and all Claims, costs, losses, costs and damages (including but not limited to all fees and charges of Architect, Architect’s Consultants, attorneys, and other professionals and all court caused by or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or resulting from such removal and replacement (including but not limited to all reasonable fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by ContractorDESIGN/BUILDER subject to the provisions of paragraph 16.06 below. In special circumstances where a particular item Nothing in this paragraph shall be interpreted or construed as requiring DESIGN/BUILDER to correct or remove and replace defective Construction accepted by OWNER pursuant to paragraph 12.08 below. Defective equipment or parts thereof shall be covered by the warranty set forth in Exhibit I attached hereto and not the provisions of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. this paragraph 12.07. B. Where defective Work Construction (and damage to other Work Construction resulting therefrom) has been corrected corrected, removed or removed and replacedreplaced under this paragraph 12.07, the correction period hereunder with respect to such Work Construction will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. Contractor's obligations under this paragraph are in addition to any other obligation or warranty. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. Contractor shall confirm that its payment and performance bond provides coverage for all corrective work during the Correction Period.