Common use of Nonconforming and Defective Work Clause in Contracts

Nonconforming and Defective Work. 28 6.7.1 If Nonconforming Work is discovered, ADOT will have the right, 29 exercisable in its sole discretion, to direct Developer, at Developer’s sole cost and 30 without Claim of any kind against ADOT, to rectify the Nonconforming Work so that it 31 complies with the Contract Documents. For the avoidance of doubt, ADOT's sole 32 discretion applies to its decision whether to require rectification of Nonconforming Work; 33 whether Nonconforming Work has occurred is not a matter within ADOT's sole 34 discretion.

Appears in 4 contracts

Samples: Public Private, apps.azdot.gov, apps.azdot.gov

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Nonconforming and Defective Work. 28 30 6.7.1 If Nonconforming Work is discovered, ADOT will have the right, 29 31 exercisable in its sole discretion, to direct Developer, at Developer’s sole cost and 30 32 without Claim of any kind against ADOT, to rectify the Nonconforming Work so that it 31 33 complies with the Contract Documents. For the avoidance of doubt, ADOT's sole 32 34 discretion applies to its decision whether to require rectification of Nonconforming Work; 33 35 whether Nonconforming Work has occurred is not a matter within ADOT's sole 34 36 discretion.

Appears in 2 contracts

Samples: apps.azdot.gov, apps.azdot.gov

Nonconforming and Defective Work. 28 18 6.7.1 If Nonconforming Work is discovered, ADOT will have the right, 29 19 exercisable in its sole discretion, to direct Developer, at Developer’s sole cost and 30 20 without Claim of any kind against ADOT, to rectify the Nonconforming Work so that it 31 21 complies with the Contract Documents. For the avoidance of doubt, ADOT's sole 32 22 discretion applies to its decision whether to require rectification of Nonconforming Work; 33 23 whether Nonconforming Work has occurred is not a matter within ADOT's sole 34 24 discretion.

Appears in 2 contracts

Samples: apps.azdot.gov, apps.azdot.gov

Nonconforming and Defective Work. 28 13 6.7.1 If Nonconforming Work is discovered, ADOT will have the right, 29 14 exercisable in its sole discretion, to direct Developer, at Developer’s sole cost and 30 15 without Claim of any kind against ADOT, to rectify the Nonconforming Work so that it 31 16 complies with the Contract Documents. For the avoidance of doubt, ADOT's sole 32 17 discretion applies to its decision whether to require rectification of Nonconforming Work; 33 18 whether Nonconforming Work has occurred is not a matter within ADOT's sole 34 discretion.sole

Appears in 1 contract

Samples: apps.azdot.gov

Nonconforming and Defective Work. 28 29 6.7.1 If Nonconforming Work is discovered, ADOT will have the right, 29 30 exercisable in its sole discretion, to direct Developer, at Developer’s sole cost and 30 without 31 Claim of any kind against ADOT, to rectify the Nonconforming Work so that it 31 complies 32 with the Contract Documents. For the avoidance of doubt, ADOT's sole 32 discretion applies 33 to its decision whether to require rectification of Nonconforming Work; 33 whether Nonconforming Work has occurred is not a matter within ADOT's sole 34 discretion.whether

Appears in 1 contract

Samples: apps.azdot.gov

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Nonconforming and Defective Work. 28 10 6.7.1 If Nonconforming Work is discovered, ADOT will have the right, 29 11 exercisable in its sole discretion, to direct Developer, at Developer’s sole cost and 30 without 12 Claim of any kind against ADOT, to rectify the Nonconforming Work so that it 31 complies 13 with the Contract Documents. For the avoidance of doubt, ADOT's sole 32 discretion applies 14 to its decision whether to require rectification of Nonconforming Work; 33 whether Nonconforming Work has occurred is not a matter within ADOT's sole 34 discretion.whether

Appears in 1 contract

Samples: azdot.gov

Nonconforming and Defective Work. 28 6.7.1 If Nonconforming Work is discovered, ADOT will have the right, 29 exercisable in its sole discretion, to direct Developer, at Developer’s sole cost and 30 without Claim of any kind against ADOT, to rectify the Nonconforming Work so that it 31 complies with the Contract Documents. For the avoidance of doubt, ADOT's sole 32 discretion applies to its decision whether to require rectification of Nonconforming Work; 33 whether Nonconforming Work has occurred is not a matter within ADOT's sole 34 discretion.

Appears in 1 contract

Samples: Design Build Maintain Agreement

Nonconforming and Defective Work. 28 22 6.7.1 If Nonconforming Work is discovered, ADOT will have the right, 29 exercisable 23 in its sole discretion, to direct Developer, at Developer’s sole cost and 30 without the right to 24 an increase in the Contract Price, a Completion Deadline adjustment or a Claim of any kind against ADOT25 kind, to rectify the Nonconforming Work so that it 31 complies with the Contract Documents. For the avoidance of doubt, ADOT's sole 32 discretion applies to its decision whether to require rectification of Nonconforming Work; 33 whether Nonconforming Work has occurred is not a matter within ADOT's sole 34 discretion.

Appears in 1 contract

Samples: Design Build Agreement

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