Common use of Non-Conforming Work Clause in Contracts

Non-Conforming Work. In the event of the occurrence of a Defect in the Work, including in any materials and equipment furnished as part of the construction, and including any Non-Conforming Work, the Department will be entitled, in addition to any other remedies:‌ (i) to demand that the Developer rectify, or require the Contractor to rectify, such Defect at the Developer’s sole expense, it being understood that, in such event, the Developer will be permitted to draw on the Performance Security provided by the Contractor liable for such Work if the Contractor fails to perform such Work, to the extent of the cost of any work performed by the Developer;‌ (ii) to suspend any affected portion of the Work of design and construction, by delivery of a written order to the Developer, which order the Department will lift after the Developer fully cures or corrects such Defects; (iii) to rectify such Defects itself and to obtain payment of its Allocable Costs from the Developer or, where the Contractor providing such Performance Security is liable for such Work from a draw on any Performance Security furnished pursuant to this Agreement (and the Developer agrees to make such drawing upon the request of the Department); provided, that the Department will not rectify such Defects itself or seek payment from the Developer or such Performance Security unless (1) it has requested rectification of the Defects and the Developer and the Contractor have failed to progress to rectify the Defects to the satisfaction of the Department within 15 Days from receipt of the Department’s request for rectification of such Defects or (2) the Developer has received approval from the Department on a Remediation Plan and Schedule, unless health and safety of the public requires more urgent action; or (iv) to seek performance or payment pursuant to any applicable guaranty.

Non-Conforming Work. In the event of the occurrence of a Defect in the design or construction Work, including in any materials and equipment furnished as part of the construction, and including any Non-Conforming Work, the Department will be entitled, in addition to any other remedies:‌remedies: (i) to demand that the Developer Concessionaire rectify, or require the Contractor to rectify, such Defect at the Developer’s its sole expense, it being understood that, in such event, the Developer Concessionaire will be permitted to draw on the Performance Security provided by the Contractor liable for such Work if the Contractor fails to perform such Work, to the extent of the cost of any work performed by the Developer;‌Concessionaire; (ii) to suspend any affected portion of the Work of design and construction, by delivery of a written order to the DeveloperConcessionaire, which order the Department will lift after the Developer Concessionaire fully cures or corrects such Defects; (iii) to rectify such Defects itself and to obtain payment of its Allocable Costs from the Developer Concessionaire or, where the Contractor providing such Performance Security is liable for such Work from a draw on any Performance Security furnished pursuant to this Agreement (and the Developer Concessionaire agrees to make such drawing upon the request of the Department); provided, that (A) the Department will not rectify such Defects itself or seek payment from the Developer Concessionaire or such Performance Security unless (1) it has requested rectification of the Defects of, and the Developer Concessionaire and the Contractor have failed to progress to promptly rectify the Defects and (B) the Concessionaire will be permitted to draw on the Performance Security provided by any Contractor liable for such Work to the satisfaction extent of any amounts paid by the Department within 15 Days from receipt of the Department’s request for rectification of such Defects or (2) the Developer has received approval from the Department on a Remediation Plan and Schedule, unless health and safety of the public requires more urgent actionConcessionaire; or (iv) to seek performance or payment pursuant to any applicable guaranty.

Non-Conforming Work. In the event of the occurrence of a Defect in the design or construction Work, including in any materials and equipment furnished as part of the construction, and including any Non-Conforming Work, the Department will be entitled, in addition to any other remedies:‌remedies: (i) to demand that the Developer Concessionaire rectify, or require the Contractor to rectify, such Defect at the Developer’s its sole expense, it being understood that, in such event, the Developer Concessionaire will be permitted to draw on the Performance Security provided by the Contractor liable for such Work if the Contractor fails to perform such Work, to the extent of the cost of any work performed by the Developer;‌Concessionaire; ▇▇ ▇▇▇▇▇▇ #▇▇▇▇▇▇▇▇ ▇▇▇ (ii▇▇) to suspend any affected portion of the Work of design and construction, by delivery of a written order to the DeveloperConcessionaire, which order the Department will lift after the Developer Concessionaire fully cures or corrects such Defects; (iii) to rectify such Defects itself and to obtain payment of its Allocable Costs from the Developer Concessionaire or, where the Contractor providing such Performance Security is liable for such Work from a draw on any Performance Security furnished pursuant to this Agreement (and the Developer Concessionaire agrees to make such drawing upon the request of the Department); provided, that (A) the Department will not rectify such Defects itself or seek payment from the Developer Concessionaire or such Performance Security unless (1) it has requested rectification of the Defects of, and the Developer Concessionaire and the Contractor have failed to progress to promptly rectify the Defects and (B) the Concessionaire will be permitted to draw on the Performance Security provided by any Contractor liable for such Work to the satisfaction extent of any amounts paid by the Department within 15 Days from receipt of the Department’s request for rectification of such Defects or (2) the Developer has received approval from the Department on a Remediation Plan and Schedule, unless health and safety of the public requires more urgent actionConcessionaire; or (iv) to seek performance or payment pursuant to any applicable guaranty.

Non-Conforming Work. In the event of the occurrence of a Defect in the Work, including in any materials and equipment furnished as part of the construction, and including any Non-Conforming Work, the Department will be entitled, in addition to any other remedies:‌remedies: (i) to demand that the Developer rectify, or require the Contractor to rectify, such Defect at the Developer’s sole expense, it being understood that, in such event, the Developer will be permitted to draw on the Performance Security provided by the Contractor liable for such Work if the Contractor fails to perform such Work, to the extent of the cost of any work performed by the Developer;‌Developer; (ii) to suspend any affected portion of the Work of design and construction, by delivery of a written order to the Developer, which order the Department will lift after the Developer fully cures or corrects such Defects; (iii) to rectify such Defects itself and to obtain payment of its Allocable Costs from the Developer or, where the Contractor providing such Performance Security is liable for such Work from a draw on any Performance Security furnished pursuant to this Agreement (and the Developer agrees to make such drawing upon the request of the Department); provided, that the Department will not rectify such Defects itself or seek payment from the Developer or such Performance Security unless (1) it has requested rectification of the Defects of, and the Developer and the Contractor have failed to progress to promptly rectify the Defects to the satisfaction of the Department within 15 Days from receipt of the Department’s request for rectification of such Defects or (2) the Developer has received approval from the Department on a Remediation Plan and Schedule, unless health and safety of the public requires more urgent actionDefects; or (iv) to seek performance or payment pursuant to any applicable guaranty.