Common use of Subsequent Discovery of Non-compliances Clause in Contracts

Subsequent Discovery of Non-compliances. If at any time after a Submittal has been endorsed, or deemed endorsed, the City or Project Co discovers that a Submittal contains deficiencies or otherwise fails to conform to the requirements of this Agreement, the City or Project Co, as the case may be, will promptly notify the other Party of such deficiencies or non- conformances and the City may revise the endorsement assigned to such Submittal. If the Parties agree or it is determined in accordance with the Dispute Resolution Procedure that the revised endorsement is correct, Project Co shall promptly modify the applicable Submittal(s) and rectify or re-perform any non- conforming Project Work.

Subsequent Discovery of Non-compliances. If ‌ If, at any time after a Submittal has been endorsed, endorsed or deemed endorsed, including, without limitation, an endorsement or deemed endorsement of “Accepted” the City or Project Co Design-Builder discovers that a Submittal contains deficiencies or otherwise fails to conform to the requirements of this Agreement, the City or Project CoDesign-Builder, as the case may be, will promptly notify the other Party of such deficiencies or non- conformances and the City City, acting reasonably, may revise the endorsement assigned to such Submittal. If the Parties agree or it is determined in accordance with the Dispute Resolution Procedure that the revised endorsement is correct, Project Co Design-Builder shall promptly modify the applicable Submittal(s) and rectify or re-perform any non- non-conforming Project Work.

Subsequent Discovery of Non-compliances. If If, at any time after a Submittal has been endorsed, endorsed or deemed endorsed, including, without limitation, an endorsement or deemed endorsement of “Accepted” the City or Project Co discovers that a Submittal contains deficiencies or otherwise fails to conform to the requirements of this Agreement, the City or Project Co, as the case may be, will promptly notify the other Party of such deficiencies or non- non-conformances and the City may revise the endorsement assigned to such Submittal. If the Parties agree or it is determined in accordance with the Dispute Resolution Procedure that the revised endorsement is correct, Project Co shall promptly modify the applicable Submittal(s) and rectify or re-perform any non- non-conforming Project Work.