Common use of Serial Defects Clause in Contracts

Serial Defects. Without limiting Section 15.6, if any Serial Defect arises at any time prior to Substantial Completion, Owner shall provide notice to Contractor of such Serial Defect or, if Contractor becomes aware of any such Serial Defect, Contractor shall provide written notice of the same to Owner. Contractor shall determine what changes, repairs or replacements to any affected items of Facility Equipment are necessary to correct such Serial Defect and to avoid further failures of the Facility Equipment at the Facility which may not have yet experienced such failures, and Contractor shall make such necessary changes, repairs or replacements to all the Facility Equipment installed at the Facility (whether or not such Facility Equipment is installed, has been tested or has experienced such failures) all at its own cost and expense. Contractor shall repeat such process on an iterative basis until such Serial Defect and the underlying cause thereof is corrected.

Serial Defects. Without limiting Section 15.6, if any Serial Defect arises at any time prior to Substantial Completion, Owner shall provide notice to Contractor of such Serial Defect or, if Contractor becomes aware of any such Serial Defect, Contractor shall provide written notice of the same to Owner. Contractor shall determine what changes, repairs or replacements to any affected items of Facility Equipment are necessary to correct such Serial Defect and to avoid further failures of the Facility Equipment at the Facility which may not have yet experienced such failures, and Contractor shall make such necessary changes, repairs or replacements to all the Facility Equipment installed at the Facility (whether or not such Facility Equipment is installed, has been tested or has experienced such failures) all at its own cost and expense. Contractor shall repeat such process on an iterative basis until such Serial Defect and the underlying cause thereof is corrected.. SUBSTANTIAL COMPLETION