Common use of ACCEPTANCE OF NONCONFORMING WORK Clause in Contracts

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 32 contracts

Samples: agenda.wilcotx.gov, agenda.wilcotx.gov, Form of Agreement (Nu Skin Enterprises Inc)

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ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Design-Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 18 contracts

Samples: Design Build Construction Agreement, Agreement, Agreement

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers to accept Work that work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum contract sum will be reduced as appropriate and equitable, or prompt payment of damages remitted to the Owner. Such adjustment shall be effected whether or not final payment has been made.

Appears in 16 contracts

Samples: Agreement, Agreement, Agreement

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 12 contracts

Samples: Agreement (Sierra Pacific Resources /Nv/), Agreement, Immunicon Corp

ACCEPTANCE OF NONCONFORMING WORK. If The Owner may, in the Owner prefers to Owner’s sole discretion, accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so Documents instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such The adjustment shall will be effected accomplished whether or not final payment has been made.

Appears in 11 contracts

Samples: Contract by and Between, Contract by and Between, lfpubweb.cityofdenton.com

ACCEPTANCE OF NONCONFORMING WORK. A.12.3.1 If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Design-Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitableequitably adjusted by Change Order. Such adjustment shall be effected whether or not final payment has been made.

Appears in 6 contracts

Samples: www.unlv.edu, homeforward.org, www.unlv.edu

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been mademade for such Work.

Appears in 4 contracts

Samples: www.bidnet.com, www.bidnet.com, www.bidnet.com

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept any or all of the Work that is not in accordance with the requirements of the Contract Documentsauthorized Service Work Order, the Owner may do so instead of requiring its removal and correctioncorrection and/or removal, in which case the Contract SWO Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment to Contractor has been made.

Appears in 4 contracts

Samples: Courts Agreement, Master Agreement, Courts Agreement

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected affected whether or not final payment has been made.

Appears in 3 contracts

Samples: Public Works, Public Works, files.josephlombardo.com

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is defective or not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 2 contracts

Samples: , and Construction Agreement, Procurement, and Construction Agreement

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Design-Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected affected whether or not final payment has been made.

Appears in 2 contracts

Samples: sites.dfwairport.com, sites.dfwairport.com

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Design-Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment Final Payment has been made.

Appears in 1 contract

Samples: jpshealthnet.org

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Project Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Guaranteed Maximum Price Construction Agreement (Gaylord Entertainment Co /De)

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that which is not in accordance accord with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum Price will be reduced adjusted as appropriate and equitable. Such adjustment shall be effected whether or not final payment Final Payment has been made.

Appears in 1 contract

Samples: Procurement, and Construction Agreement (Embrex Inc/Nc/)

ACCEPTANCE OF NONCONFORMING WORK. §12.3.1 If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so in writing instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected affected whether or not final payment Final Payment has been made. Contractor may not rely on any non-written statements that purport to accept nonconforming Work.

Appears in 1 contract

Samples: County Services Contract Contract

ACCEPTANCE OF NONCONFORMING WORK. If the Owner Construction Manager prefers to accept Work that Work, which is not in accordance with the requirements of the Contract Documents, the Owner Construction Manager may do so instead of requiring its removal and correction, in which case the Contract Sum Price will be reduced as appropriate and equitableequitable (which adjustment shall at least reflect the difference in value between the Work as provided and the Work as required under the Contract Documents). Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: General Contract

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. Language indicated as being shown by strike out in the typeset document is enclosed in brackets "[" and "]" in the electronic format.

Appears in 1 contract

Samples: Agreement (Symantec Corp)

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Design Build Agreement

ACCEPTANCE OF NONCONFORMING WORK. 45 12.3.1 If the Owner prefers to accept Work that is defective or otherwise not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: procurement.maricopa.edu

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so in writing instead of requiring its removal and correction, in which case the Contract Sum will shall be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Contractor's Agreement

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Lump Sum Construction Agreement

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ACCEPTANCE OF NONCONFORMING WORK. A.12.3.1 If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitableequitably adjusted by Change Order. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Badger State Ethanol LLC

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will Price shall be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Design Build Agreement

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers Owner, in its sole discretion, elects to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum Guaranteed Maximum Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment Final Payment has been made.

Appears in 1 contract

Samples: Agreement (Altera Corp)

ACCEPTANCE OF NONCONFORMING WORK. If the 12.3.1 The Owner prefers to may accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which its sole discretion. In such case the Contract Sum will be reduced adjusted as appropriate and equitable. Such adjustment shall be effected made whether or not final payment has been made. Nothing contained herein shall impose any obligation upon the Owner to accept nonconforming or defective Work.

Appears in 1 contract

Samples: Clarkson Construction Company

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.. Owner has the right, based upon the circumstances surrounding the nonconforming work, to consider any of the following in determining the appropriate and equitable amount of reduction of the Contract Sum:

Appears in 1 contract

Samples: www.spotsylvania.k12.va.us:443

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.and

Appears in 1 contract

Samples: Corixa Corp

ACCEPTANCE OF NONCONFORMING WORK. 13.3.1 If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Agreement

ACCEPTANCE OF NONCONFORMING WORK. If the Owner Manager prefers to accept Work that is not in accordance with the requirements of the Contract Design-Build Documents, the Owner Manager may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: rfp.hawaiiconvention.com

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept the Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correctionthat the Work be corrected. In this instance, in which case the Contract Sum Price will be equitably reduced by the value of the nonconforming Work as appropriate and equitablecompared to the value of the Work had it been performed in accordance with the Contract Documents. Such adjustment shall be effected whether or not final payment Final Payment has been made.

Appears in 1 contract

Samples: Subcontract Agreement

ACCEPTANCE OF NONCONFORMING WORK. §12.3.1 If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so in writing instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment Final Payment has been made. Contractor may not rely on any non-written statements that purport to accept nonconforming Work.

Appears in 1 contract

Samples: Recording Stamp Only

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum Guaranteed Maximum Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Construction Contract (National Instruments Corp /De/)

ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

Appears in 1 contract

Samples: Agreement

ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If the Owner prefers to accept Work that which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will Contractor shall pay to the Owner (or a deductive Change Order may be reduced as appropriate and equitableissued in the amount of) the cost reasonably estimated by the Owner of correcting such Work. Such adjustment Nothing herein shall be effected whether imply any obligation on the Owner ever to accept any defective or not final payment has been madenonconforming Work.

Appears in 1 contract

Samples: Agreement (Adicet Bio, Inc.)

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