After Substantial Completion. § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5.
After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9.
After Substantial Completion. 1 In addition to the Contractor’s obligations under Section 3.5, if, within one (1) year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so. The Owner shall give such notice promptly after discovery of the condition. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may, without prejudice to any other remedies, correct it in accordance with Section 2.4 or file a claim with the surety of any applicable warranty bond.
After Substantial Completion all closeout documents must be submitted to the Owner. The Owner may provide a detailed list of the close out documents required after receipt and acceptance of the Final Acceptance punch list.
After Substantial Completion. § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, (i) within one year after the date of Substantial Completion of the entire Work; (ii) within two years after the date of Substantial Completion of the Work, as to those components of the Work that include, alter or affect any portion of the building envelope and penetration components; or (iii) within the period established by the terms of an applicable special warranty required by the Contract Documents or by law; or (iv) after the date for commencement of warranties established under Section 9.9.1, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, the Contractor shall correct it at the Contractor’s expense without reimbursement from the Owner promptly after receipt of written notice from the Owner to do so. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor on grounds of breach of warranty. The obligations of Contractor under this Section 12.2 shall survive acceptance of the Work under the Contract and termination of the Contact, is in addition to other warranties provided by contract or law, and does not establish a time limit for damages. If the Contractor fails to correct defective or nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or the Architect, the Owner may correct it in accordance with Section 2.5. If payment of the Contract Sum has already been made by the Owner then upon demand the Contractor shall reimburse the Owner pursuant to Section 2.5. Without voiding specified warranties or relieving the Contractor of its responsibilities under this Section 12.2.2, the Owner reserves the right to make repairs as necessary to maintain the structure and its contents and operability. In addition:
After Substantial Completion. A.12.2.2.1 In addition to the Design-Builder’s obligations under Section A.3.5, if, within one year after the date of Substantial Completion or after the date for commencement of warranties established under Section A.9.8.5 or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found to be defective or not in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct non- conforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section A.2.5. All such work shall be coordinated with Owner in order to limit the disruption of operation of the completed Project. All such warranty work shall be completed in compliance with the terms and conditions of the Contract Documents. This provision or any other provision in Section 12.2.2 does not relieve the Design-Builder in any way of conforming to the requirements of the Contract Documents or correcting items not compliant with the Contract Documents per applicable laws, statutes or any regulations, whether they are observable, concealed or in any other condition or status.
After Substantial Completion. § 11.2.2.1 In addition to the Design-Builder’s obligations under Section 3.1.12, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9.
After Substantial Completion and upon application by Contractor and certification by Architect and Project Manager, MSG shall make payment for the Work performed in the month preceding Substantial Completion, including the return of retainage pursuant to Section 13.9.2.2.
After Substantial Completion. If the Casualty occurs after Substantial Completion of the Improvements:
After Substantial Completion. After Substantial Completion, Owner shall bear the risk of physical loss and physical damage to the Facility; provided that, notwithstanding the foregoing, (i) under no circumstances shall this Section 9.2B be interpreted to relieve Contractor of its other obligations or liabilities under this Agreement, including its obligations with respect to Defective Work and Corrective Work; provided further that, notwithstanding the transfer of risk of physical loss or physical damage of the Facility to Owner pursuant to this Section 9.2B, to the extent portions of the Facility are damaged or affected (a) by any Defect after achievement of Substantial Completion but before expiration of the Defect Correction Period or (b) due to the fault or negligence of Contractor or any of its Subcontractors or Sub-subcontractors, Contractor shall be liable to correct, and, if Owner performs any or all of the correction, liable for Owner’s costs and expenses to correct, such damaged or affected portion of the Facility, whether by repair, replacement or otherwise, except that such liability shall be limited to Five Hundred Thousand U.S. Dollars (U.S.$500,000) per occurrence and One Million U.S. Dollars (U.S.$1,000,000) in the aggregate. Notwithstanding the foregoing limitations on Contractor’s liability, Contractor shall also pay Owner more than the foregoing limits to the extent that Siemens, under the Siemens Contract, pays amounts greater than such foregoing amounts for the same occurrence, and Contractor shall use best efforts to enforce the Siemens Contract obligations to their fullest extent and shall, upon Owner’s written request, assign the claim for such greater amounts to Owner so that Owner can enforce the terms of the Siemens Contract. For the purposes of clarity, the limitation of Contractor’s liability in this Section 9.2B, with respect to portions of the Facility damaged or affected by a Defect, shall not apply to liabilities incurred with respect to the repair, replacement or correction of the Defect itself (as Contractor’s obligations to correct the Defect, at its sole cost and expense, are set forth in clause (i) of Section 13.3), but shall only apply to liabilities incurred for the correction of that portion of the Facility damaged or affected by such Defect. Owner shall cause its insurers to issue a waiver of subrogation in favor of Contractor and its Subcontractors and Sub-subcontractors which is consistent with Contractor’s limitations of liability set forth ...
