Common use of Cost of remedying Defects Clause in Contracts

Cost of remedying Defects. a. If any defect appears or damage occurs to the Project or any part thereof, the Authority shall promptly notify the Concessionaire in writing and the Concessionaire shall execute all work of amendment, reconstruction and remedying defects, imperfections or other faults or damages, as may be instructed by the Authority. b. If in the reasoned decision of the Authority, the defects are due to:‐ (a) The design of the Works, i. Plant and Machinery, Materials or workmanship not being in accordance with this Concession Agreement; or ii. Failure by the Concessionaire to comply with any of its other obligations, All works shall be executed by the Concessionaire at its own cost. c. If such necessity is due to any other cause, Authority shall notify the Concessionaire accordingly and seek agreement to an adjustment and Article 18 shall apply to such work. In the event that Concessionaire requires an extension of time to carry out the rectification of such defects the provisions of Article 12.4 shall apply.