Common use of CORRECTION OF WORK Clause in Contracts

CORRECTION OF WORK. Contractor shall promptly correct all work rejected by the District Representative, Project Inspector or the Architect as defective or as failing to conform to the Contract Documents, whether observed before or after final completion and whether or not fabricated, installed or completed. Contractor shall bear all costs of correcting such rejected work including compensation for the Architect's, Project Inspector's and the District Representative's additional services. If Contractor does not correct such work within a reasonable time, fixed by written notice, District may remove it and may store the material at Contractor's expense. If Contractor does not pay expenses of such removal within ten (10) days' time thereafter, District may, upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor. If within two (2) years after the Date of Completion of the Work or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor shall correct any or all such work, together with any other work which may be displaced in so doing, without expense to District, promptly after receipt of a written notice from District unless District has previously given Contractor a written acceptance of such condition. District shall issue a correction notice promptly after discovering the condition. Contractor shall notify District upon completion of repairs. This obligation shall survive termination of this Facilities Lease with respect to work in place prior to termination. Contractor shall bear the cost of making good work destroyed or damaged by such correction or removal. Nothing contained in this Section 17.02 shall be construed to establish a period of limitation with respect to any other obligations which Contractor might have under the Contract Documents or by operation of law. The establishment of the time period of two (2) years after the Date of Completion, or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents, relates only to the specific obligation of Contractor to correct the Work and has no relationship to the time within which an action may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the work.

CORRECTION OF WORK. Contractor Project Manager or Consultant shall have the authority to reject or disapprove Work which Project Manager or Consultant finds to be defective. If required the Design-Build Firm shall promptly correct all work Work rejected by the District Representative, Project Inspector Manager or the Architect Consultant as defective or as failing to conform to the Contract Documents, whether observed before or after final completion Substantial Completion and whether or not fabricated, installed or completed. Contractor The Design-Build Firm shall bear all costs direct, indirect and consequential cost of removing and/or correcting such rejected work Work, including compensation for the Architect'scost of the City‟s additional services thereby made necessary. The Design-Build Firm further agrees that after being notified in writing by the Project Manager of any Work not in accordance with the requirements of the Contract Documents or any defects in the Work, Project Inspector's the Design-Build Firm will commence and prosecute with due diligence all Work necessary to fulfill the District Representative's additional services. If Contractor does not correct such work terms of the Contract and to complete the Work within a reasonable period of time, fixed as determined by written the Project Manager, and in the event of failure to so comply, the Design-Build Firm does hereby authorize the City to proceed to have such Work done at the Design-Build Firm‟s expense and that the Design-Build Firm will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Design-Build Firm‟s refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees, the City may undertake, at the Design-Build Firm's expense, without prior notice, District may remove all Work necessary to correct such hazardous condition when it and may store was caused by Work of the material at Contractor's expenseDesign-Build Firm not being in accordance with the requirements of the Contract. If Contractor does not pay expenses of such removal If, within ten one (101) days' time thereafter, District may, upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor. If within two (2) years year after the Date date of Completion final completion of the Work Project or within such longer period of time as may be prescribed by law law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor the Design-Build Firm shall correct any or all such work, together with any other work which may be displaced in so doing, without expense to District, it promptly after receipt of a written notice from District unless District has previously given Contractor a written acceptance of the City to do so. The City shall give such condition. District shall issue a correction notice promptly after discovering discovery of the condition. Contractor Failure to reject any defective Work or material shall notify District upon completion of repairs. This obligation shall survive termination of this Facilities Lease with respect to work not in place prior to termination. Contractor shall bear the cost of making good work destroyed or damaged by any way prevent later rejection when such correction or removal. Nothing contained in this Section 17.02 shall be construed to establish a period of limitation with respect to any other obligations which Contractor might have under the Contract Documents or by operation of law. The establishment of the time period of two (2) years after the Date of Completiondefect is discovered, or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents, relates only obligate City to the specific obligation of Contractor to correct the Work and has no relationship to the time within which an action may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the workfinal acceptance.

CORRECTION OF WORK. If the Tenant discovers that any part of the Landlord Improvements do not comply with the requirements of this Lease and provided Tenant provides Landlord with notice thereof within time for Landlord to properly and timely notice the General Contractor shall within the one year warranty period, (including all items on the punch list), the Landlord shall, at its sole cost and expense, take all steps necessary to promptly and completely correct all work rejected by the District Representative, Project Inspector or the Architect as defective or as failing to conform Landlord Improvements to the Contract DocumentsTenant’s satisfaction and in conformance with the requirements of this Lease. Provided notice is timely given by Xxxxxx, whether observed before or after final completion and whether or not fabricated, installed or completed. Contractor shall bear all costs of correcting such rejected work including compensation for the Architect's, Project Inspector's and the District Representative's additional services. If Contractor does not correct such work within a reasonable time, fixed by written notice, District may remove it and may store the material at Contractor's expense. If Contractor does not pay expenses of such removal within ten (10) days' time thereafterdays after receipt of written notice from the Tenant specifying the nature of the defect, District maythe Landlord shall take all steps necessary to correct the defect, upon including, but not limited to, contacting the appropriate subcontractor or other entity responsible for such work. Notwithstanding the Foregoing, if the nature of the defective condition is such that more than ten (10) days written noticeis reasonably required to correct such condition, sell such materials at auction or at private sale and then the Landlord shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor. If within two (2) years after the Date of Completion of the Work or within be entitled to such longer period of time to correct such condition as may be prescribed by law or reasonably necessary, so long as the Landlord commences to correct such condition within such ten (10) day period and diligently and thereafter continuously prosecutes such correction to completion. If corrective actions are not commenced and completed within such time, the Tenant may take all actions necessary to correct the defective Landlord Improvements, and the Landlord shall promptly pay the Tenant upon demand, all amounts expended by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found Tenant for such corrective action. The Landlord further agrees to be defective or not in accordance with the Contract Documents, Contractor shall correct any or all such work, together with repair at its sole cost any other work improvements on the Landlord Improvements which the Landlord may be displaced affect or disturb in so doing, without expense to District, promptly after receipt of a written notice from District unless District has previously given Contractor a written acceptance of such condition. District shall issue a correction notice promptly after discovering making the condition. Contractor shall notify District upon completion of repairs. This obligation shall survive termination of this Facilities Lease with respect to work in place prior to termination. Contractor shall bear the cost of making good work destroyed or damaged by such correction or removalrepair required hereby. Nothing contained in this Section 17.02 Subsection (F) shall be construed to establish a period of limitation with respect to any other obligations which Contractor might the Landlord may have under the Contract Documents or by operation of lawthis Lease. The establishment of the time period of two (2) years after the Date of Completion, or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents, relates only Tenant understands that Landlord will look to the specific obligation of Landlord General Contractor to correct defects or noncompliance with Xxxxxxxx’s Improvements and dispute resolution set forth in Landlord’s General Contract shall govern disputes between the Work and has no relationship to parties regarding defects, with the time within which Landlord General Contractor joined as an action may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the workindispensable party.

CORRECTION OF WORK. Contractor Project Manager or Consultant shall have the authority to reject or disapprove Work which Project Manager or Consultant finds to be defective. If required the Design-Build Firm shall promptly correct all work Work rejected by the District Representative, Project Inspector Manager or the Architect Consultant as defective or as failing to conform to the Contract Documents, whether observed before or after final completion Substantial Completion and whether or not fabricated, installed or completed. Contractor The Design- Build Firm shall bear all costs direct, indirect and consequential cost of removing and/or correcting such rejected work Work, including compensation for the Architect'scost of the City’s additional services thereby made necessary. The Design-Build Firm further agrees that after being notified in writing by the Project Manager of any Work not in accordance with the requirements of the Contract Documents or any defects in the Work, Project Inspector's the Design-Build Firm will commence and prosecute with due diligence all Work necessary to fulfill the District Representative's additional services. If Contractor does not correct such work terms of the Contract and to complete the Work within a reasonable period of time, fixed as determined by written the Project Manager, and in the event of failure to so comply, the Design-Build Firm does hereby authorize the City to proceed to have such Work done at the Design-Build Firm’s expense and that the Design-Build Firm will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Design-Build Firm’s refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees, the City may undertake, at the Design-Build Firm's expense, without prior notice, District may remove all Work necessary to correct such hazardous condition when it and may store was caused by Work of the material at Contractor's expenseDesign-Build Firm not being in accordance with the requirements of the Contract. If Contractor does not pay expenses of such removal If, within ten one (101) days' time thereafter, District may, upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor. If within two (2) years year after the Date date of Completion final completion of the Work Project or within such longer period of time as may be prescribed by law law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor the Design- Build Firm shall correct any or all such work, together with any other work which may be displaced in so doing, without expense to District, it promptly after receipt of a written notice from District unless District has previously given Contractor a written acceptance of the City to do so. The City shall give such condition. District shall issue a correction notice promptly after discovering discovery of the condition. Contractor Failure to reject any defective Work or material shall notify District upon completion of repairs. This obligation shall survive termination of this Facilities Lease with respect to work not in place prior to termination. Contractor shall bear the cost of making good work destroyed or damaged by any way prevent later rejection when such correction or removal. Nothing contained in this Section 17.02 shall be construed to establish a period of limitation with respect to any other obligations which Contractor might have under the Contract Documents or by operation of law. The establishment of the time period of two (2) years after the Date of Completiondefect is discovered, or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents, relates only obligate City to the specific obligation of Contractor to correct the Work and has no relationship to the time within which an action may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the workfinal acceptance.

CORRECTION OF WORK. Contractor All Unit Work as to the PVI Plaza Unit not conforming to the standards specified in Section 8.3.21(a) shall be considered, and is hereinafter referred to as, “defective.” All such defective Unit Work shall be promptly correct all work rejected corrected by the District Representativeapplicable Developer Party at no cost to Authority. If, Project Inspector or the Architect as defective or as failing to conform to the Contract Documents, whether observed before or after final completion and whether or not fabricated, installed or completed. Contractor shall bear all costs of correcting such rejected work including compensation for the Architect's, Project Inspector's and the District Representative's additional services. If Contractor does not correct such work within a reasonable time, fixed by written notice, District may remove it and may store the material at Contractor's expense. If Contractor does not pay expenses of such removal within ten (10) days' time thereafter, District may, upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor. If within two (2) years one year after the Date of Final Completion of the Work PVI Plaza (or within such longer period of time as may be prescribed by law or by the terms of any other applicable special guarantee or warranty required by the Contract DocumentsPlans), any of the Unit Work is found to be defective or not in accordance with the Contract Documentsdefective, Contractor Developer and any other applicable Developer Party, at their sole expense, shall correct any or all such work, together with any other work which may be displaced in so doing, without expense to District, defective Unit Work promptly after receipt of a written notice from District unless District has previously given Contractor a written acceptance of such conditionAuthority to do so. District All corrective redesign and all corrective Unit Work shall issue a correction notice promptly after discovering be covered by the condition. Contractor shall notify District upon completion of repairs. This obligation shall survive termination of this Facilities Lease with respect to work same warranties set forth in place prior to termination. Contractor shall bear the cost of making good work destroyed or damaged by such correction or removal. Nothing contained Section 8.3.20 and in this Section 17.02 8.3.21 for the remainder of the original 12-month period, or six months after completion of the corrective work, whichever is longer. The applicable Developer Party, at its sole cost, shall cause to be provided all labor, supervision, engineering, field service representation, equipment, tools and materials necessary to gain access to and correct the nonconforming condition and shall bear all expenses (including redesign and labor costs) in connection therewith. The cost of transporting new, repaired, replaced or modified items of material or equipment to and from the site shall be construed to establish a period of limitation with respect to any other obligations which Contractor might have under borne by the Contract Documents or applicable Developer Party. All defective Unit Work that is not corrected as provided in this Section 8.3.21(b) shall be removed from the PVI Plaza Unit if deemed necessary by operation of lawAuthority. The establishment of applicable Developer Party shall cause to be performed remedial obligations hereunder in a timely manner consistent with Authority’s reasonable requirements. If the time period of two (2) years after applicable Developer Party fails to correct timely defective Unit Work in conformity with this Agreement and the Date of CompletionPlans, or Authority may correct such longer period of time as may be prescribed by law or by defective work and hold the terms of any warranty required by applicable Developer Party and the Contract DocumentsAHDC liable for all costs, relates only expenses and damages, including redesign fees, reasonable attorney’s fees, interest at the rate equal to the specific obligation of Contractor to correct Default Rate and litigation costs incurred by Authority in correcting the Work and has no relationship to the time within which an action may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the workdefective Unit Work.

CORRECTION OF WORK. The Contractor shall promptly correct all work Work rejected by the District Representative, Project Inspector Manager or the Architect DERM or any other regulatory agency as defective or as failing to conform to the Contract Documents, whether observed before or after final completion Substantial Completion and whether or not constructed, fabricated, installed or completed. The Contractor shall bear all costs cost of correcting such rejected work Work, including compensation for the Architect'scost of the City’s additional services thereby made necessary. The Contractor further agrees that after being notified in writing by the City’s Project Manager DERM or any other regulatory agency, Project Inspector's of any Work not in accordance with the requirements of the Contract Documents or any defects in the Work, the Contractor will commence and prosecute with due diligence all Work necessary to fulfill the District Representative's additional services. If Contractor does not correct such work terms of the Contract and to complete the Work within a reasonable period of time, fixed as determined by written noticethe City’s Project Manager, District and in the event of failure to so comply, the Contractor does hereby authorize the City to proceed to have such Work done at the Contractor’s expense and that the Contractor will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Contractor’s refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees, the City may remove it and may store undertake, at the material at Contractor's expense. If Contractor does not pay expenses of such removal within ten (10) days' time thereafter, District may, upon ten (10) days written without prior notice, sell all Work necessary to correct such materials at auction or at private sale and shall account for net proceeds thereofhazardous condition when it was caused by Work of the Contractor not being in accordance with the requirements of the Contract. If, after deducting all costs and expenses that should have been borne by Contractor. If within two one (21) years year after the Date date of Completion final completion of the Work Project or within such longer period of time as may be prescribed by law law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct any or all such work, together with any other work which may be displaced in so doing, without expense to District, it promptly after receipt of a written notice from District unless District has previously given Contractor a written acceptance of the City’s Project Manager to do so. The City’s Project Manager shall give such condition. District shall issue a correction notice promptly after discovering discovery of the condition. Contractor shall notify District upon completion of repairs. This obligation shall survive termination of this Facilities Lease with respect to work in place prior to termination. Contractor shall bear the cost of making good work destroyed All such defective or damaged by such correction or removal. Nothing contained in this Section 17.02 non-conforming Work shall be construed removed from the site if necessary and the Work shall be corrected to establish a period of limitation comply with respect to any other obligations which Contractor might have under the Contract Documents or by operation of law. The establishment of the time period of two (2) years after the Date of Completion, or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents, relates only without cost to the specific obligation of Contractor to correct the Work and has no relationship to the time within which an action may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the workCity.

CORRECTION OF WORK. Contractor ‌ The Construction Manager shall promptly correct all work Work rejected by the District Representative, City’s Project Inspector Manager or the Architect Consultant as defective or as failing to conform to the Contract Documents, whether observed before or after final completion Substantial Completion and whether or not fabricated, installed or completed. Contractor The Construction Manager shall bear all costs cost of correcting such rejected work Work, including compensation for the Architect'scost of the City’s additional services thereby made necessary. The Construction Manager further agrees that after being notified in writing by the City’s Project Manager or Consultant of any Work not in accordance with the requirements of the Contract Documents or any defects in the Work, Project Inspector's the Construction Manager will commence and prosecute with due diligence all Work necessary to fulfill the District Representative's additional services. If Contractor does not correct such work terms of the Agreement and to complete the Work within a reasonable period of time, fixed as determined by written the City’s Project Manager or Consultant, and in the event of failure to so comply, the Construction Manager does hereby authorize the City to proceed to have such Work done at the Construction Manager’s expense and that the Construction Manager will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Construction Manager’s refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees, the City may undertake, at the Construction Manager 's expense, without prior notice, District may remove all Work necessary to correct such hazardous condition when it and may store was caused by Work of the material at Contractor's expenseConstruction Manager not being in accordance with the requirements of the Agreement. If Contractor does not pay expenses of such removal If, within ten one (101) days' time thereafter, District may, upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor. If within two (2) years year after the Date date of Completion final completion of the Work Project or within such longer period of time as may be prescribed by law law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor the Construction Manager shall correct any or all such work, together with any other work which may be displaced in so doing, without expense to District, it promptly after receipt of a written notice from District unless District has previously given Contractor a written acceptance of the City to do so. The City shall give such condition. District shall issue a correction notice promptly after discovering discovery of the condition. Contractor shall notify District upon completion of repairs. This obligation shall survive termination of this Facilities Lease with respect to work in place prior to termination. Contractor shall bear the cost of making good work destroyed All such defective or damaged by such correction or removal. Nothing contained in this Section 17.02 non-conforming Work shall be construed removed from the site if necessary and the Work shall be corrected to establish a period of limitation comply with respect to any other obligations which Contractor might have under the Contract Documents or by operation of lawwithout cost to the City. The establishment In no event shall the failure of the time period City or the Consultant to bring to the attention of two (2) years after the Date of CompletionConstruction Manager such faults act as a waiver, or release the Construction Manager from responsibility or liability for such longer period of time as may be prescribed by law fault, defect or by the terms of any warranty required by the Contract Documents, relates only to the specific obligation of Contractor to correct the Work and has no relationship to the time within which an action may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the worknon-conforming Work.

CORRECTION OF WORK. The Contractor shall promptly correct be responsible for correcting all work rejected by which the District Representative, Project Inspector or the Architect as State has found to be defective or as failing which fails to conform to the Contract Documents, Documents whether observed before or after final completion Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected work Work, including compensation for additional services made necessary thereby. Upon a finding of defect or failure to conform, the Architect'sState shall notify the Contractor, in writing, of the defect. The Contractor shall begin correcting the defective or non- conforming Work within ten (10) days unless the State agrees to a Change Order which reflects the reduction in Contract Sum due to the value of diminishment of the defective or nonconforming work. The Contractor shall remove from the site all portions of the Project Inspector's which are defective or non-conforming and which have not been corrected, unless removal is waived by the District Representative's additional servicesState. If the Contractor fails to correct defective or nonconforming work the State may correct as detailed below: If the Contractor defaults or neglects to carry out the Project in accordance with the Contract Documents and fails within seven days after receipt of written notice from the State to commence and continue correction of such default or neglect with diligence and promptness, the State may, after seven days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy he may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation including, but not limited to additional services and expenses made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover the amounts paid by the State to make good such deficiencies, then the Contractor shall pay the difference. If the Contractor does not correct proceed with the correction of such defective or non- conforming work within a reasonable time, time fixed by written noticenotice from the State, District the State may remove it and may store the material materials or equipment at the expense of the Contractor's expense. If the Contractor does not pay expenses the cost of such removal and storage within ten (10) days' time days thereafter, District may, the State may upon ten (10) additional days written notice, notice sell such materials work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor, including but not limited to compensation for the additional services and expenses made necessary thereby. If within two (2) years after such proceeds of sale do not cover all costs which the Date of Completion of Contractor should have borne, the Work difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or within thereafter due the Contractor are not sufficient to cover such longer period of time as may be prescribed by law or by amount, the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor shall correct any or all such work, together with any other work which may be displaced in so doing, without expense pay the difference to District, promptly after receipt of a written notice from District unless District has previously given Contractor a written acceptance of such conditionthe State. District shall issue a correction notice promptly after discovering the condition. Contractor shall notify District upon completion of repairs. This obligation shall survive termination of this Facilities Lease with respect to work in place prior to termination. The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal. Nothing contained in this Section 17.02 paragraph shall be construed to establish a period of limitation with respect to any other obligations obligation which the Contractor might have under the Contract Documents or by operation of lawDocuments. The establishment of the time period of two (2) years one year after the Date of Completion, Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents, Documents relates only to the specific obligation of the Contractor to correct the Work Project, and has no relationship to the time within which an action his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s 's liability with respect to its his obligations other than specifically to correct the workProject.

CORRECTION OF WORK. The Contractor shall promptly correct all work rejected by the District Representative, Project Inspector AOC or the Architect as defective or as Work failing to conform to the requirements of the Contract Documents, whether observed before or after final completion and whether or not fabricated, installed or completed. The Contractor shall bear all the costs of correcting such rejected work work, including additional testing and inspections required and compensation for the Architect'sAOC's services and expenses made necessary thereby. Notwithstanding Paragraph 3.5, in the event of an emergency constituting an immediate hazard to the health or safety of AOC employees, property, or licensees, the AOC may undertake, at the Contractor's expense and without prior notice, all work necessary to correct such hazardous condition(s) when it was caused by work of the Contractor not being in accordance with requirements of the Contract Documents. The Contractor shall remove from the Project Inspector's site portions of the Work that are not in accordance with the requirements of the Contract Documents, and are neither corrected by the District Representative's additional servicesContractor nor accepted by the AOC. If the Contractor fails to correct nonconforming work, as per Paragraph 3.5, the AOC may correct the nonconforming work in accordance with Paragraph 2.3. If the Contractor does not correct proceed with correction of such work nonconforming work, within a reasonable time, such time fixed by written noticenotice from the AOC, District the AOC may remove it and may store the material salvable materials articles and/or equipment at the Contractor's expense. If the Contractor does not pay expenses all costs of such removal and storage within ten (10) days' time thereafter14 days after written notice, District the AOC may, upon ten (10) 14 additional calendar days written notice, sell such materials articles and/or equipment at an auction or at private sale sale, and shall account for net the proceeds thereof, after deducting all costs and expenses damages that should would have been borne by the Contractor, including compensation for the AOC's services and expenses made necessary thereby. If within two (2) years after the Date proceeds of Completion of a sale do not cover all costs that the Work or within such longer period of time as may Contractor would have borne, the Contract Sum shall be prescribed by law or reduced by the terms of any applicable special warranty required by deficiency. If payments then or thereafter due the Contract DocumentsContractor are not sufficient to cover such amount, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor shall correct any or all such work, together with any other work which may be displaced in so doing, without expense pay the difference to District, promptly after receipt of a written notice from District unless District has previously given Contractor a written acceptance of such conditionthe AOC. District shall issue a correction notice promptly after discovering the condition. Contractor shall notify District upon completion of repairs. This obligation shall survive termination of this Facilities Lease with respect to work in place prior to termination. The Contractor shall bear the cost of making good work correcting destroyed or damaged Work executed by such the AOC or separate contractors, whether fully completed or partially completed, which is caused by the Contractor's correction or removalremoval of Work that is not in accordance with requirements of the Contract Documents. Nothing contained in this Section 17.02 Paragraph 12.2 shall be construed to establish a period of limitation with respect to any other obligations which that the Contractor might have under in the Contract Documents or by operation of lawDocuments. The establishment Establishment of the time period of two (2) years after the Date of Completion1 year, or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documentsdescribed in Subparagraph 3.5.1, relates only to the specific obligation of the Contractor to correct the Work Work, and has no relationship to the time within which an action the obligation to comply with requirements of the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s 's liability with respect to its the Contractor's obligations other than specifically to correct the workWork.

CORRECTION OF WORK. Contractor shall promptly correct all work rejected by the District Representative, Project Inspector or the Architect as defective or as failing to conform to the Contract Documents, whether observed before or after final completion and whether or not fabricated, installed or completed. Contractor shall bear all costs of correcting such rejected work including compensation for the Architect's’s, Project Inspector's ’s and the District Representative's ’s additional services. If Contractor does not correct such work within a reasonable time, fixed by written notice, District may remove it and may store the material at Contractor's ’s expense. If Contractor does not pay expenses of such removal within ten (10) days' ’ time thereafter, District may, upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor. If within two one (21) years year after the Date of Completion and acceptance of the Work or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor shall correct any or all such work, together with any other work which may be displaced in so doing, without expense to District, promptly after receipt of a written notice from District unless District has previously given Contractor a written acceptance of such condition. District shall issue a correction notice promptly after discovering the condition. Contractor shall notify District upon completion of repairs. This obligation shall survive termination of this Facilities Lease with respect to work in place prior to termination. Contractor shall bear the cost of making good work destroyed or damaged by such correction or removal. Nothing contained in this Section 17.02 shall be construed to establish a period of limitation with respect to any other obligations which Contractor might have under the Contract Documents or by operation of law. The establishment of the time period of two one (21) years year after the Date of Completion, or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents, relates only to the specific obligation of Contractor to correct the Work and has no relationship to the time within which an action may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the work.

CORRECTION OF WORK. Contractor Project Manager or Consultant shall have the authority to reject or disapprove Work which Project Manager or Consultant finds to be defective. If required the Design-Build Firm shall promptly correct all work Work rejected by the District Representative, Project Inspector Manager or the Architect Consultant as defective or as failing to conform to the Contract Documents, whether observed before or after final completion Substantial Completion and whether or not fabricated, installed or completed. Contractor The Design-Build Firm shall bear all costs direct, indirect and consequential cost of removing and/or correcting such rejected work Work, including compensation for the Architect'scost of the City’s additional services thereby made necessary. The Design-Build Firm further agrees that after being notified in writing by the Project Manager of any Work not in accordance with the requirements of the Contract Documents or any defects in the Work, Project Inspector's the Design-Build Firm will commence and prosecute with due diligence all Work necessary to fulfill the District Representative's additional services. If Contractor does not correct such work terms of the Contract and to complete the Work within a reasonable period of time, fixed as determined by written the Project Manager, and in the event of failure to so comply, the Design-Build Firm does hereby authorize the City to proceed to have such Work done at the Design-Build Firm’s expense and that the Design-Build Firm will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Design-Build Firm’s refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees, the City may undertake, at the Design-Build Firm's expense, without prior notice, District may remove all Work necessary to correct such hazardous condition when it and may store was caused by Work of the material at Contractor's expenseDesign-Build Firm not being in accordance with the requirements of the Contract. If Contractor does not pay expenses of such removal If, within ten one (101) days' time thereafter, District may, upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor. If within two (2) years year after the Date date of Completion final completion of the Work Project or within such longer period of time as may be prescribed by law law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor the Design-Build Firm shall correct any or all such work, together with any other work which may be displaced in so doing, without expense to District, it promptly after receipt of a written notice from District unless District has previously given Contractor a written acceptance of the City to do so. The City shall give such condition. District shall issue a correction notice promptly after discovering discovery of the condition. Contractor Failure to reject any defective Work or material shall notify District upon completion of repairs. This obligation shall survive termination of this Facilities Lease with respect to work not in place prior to termination. Contractor shall bear the cost of making good work destroyed or damaged by any way prevent later rejection when such correction or removal. Nothing contained in this Section 17.02 shall be construed to establish a period of limitation with respect to any other obligations which Contractor might have under the Contract Documents or by operation of law. The establishment of the time period of two (2) years after the Date of Completiondefect is discovered, or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents, relates only obligate City to the specific obligation of Contractor to correct the Work and has no relationship to the time within which an action may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the workfinal acceptance.

CORRECTION OF WORK. Contractor shall promptly correct all work rejected by the District Representative, Project Inspector or the Architect as defective or as failing to conform to the Contract Documents, whether observed before or after final completion and whether or not fabricated, installed or completed. Contractor shall bear all costs of correcting such rejected work including compensation for the Architect's, Project Inspector's and the District Representative's any additional services. If Contractor does not correct such work within a reasonable time, fixed by written notice, District may remove it and may store the material at Contractor's expense. If Contractor does not pay expenses of such removal within ten (10) days' time thereafter, District may, upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor. If within two (2) years after the Date of Completion of the Work or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor shall correct any or all such work, together with any other work which may be displaced in so doing, without expense to District, promptly after receipt of a written notice from District unless District has previously given Contractor a written acceptance of such condition. District shall issue a correction notice promptly after discovering the condition. Contractor shall notify District upon completion of repairs. This obligation shall survive termination of this Facilities Lease with respect to work in place prior to termination. Contractor shall bear the cost of making good work destroyed or damaged by such correction or removal. Nothing contained in this Section 17.02 shall be construed to establish a period of limitation with respect to any other obligations which Contractor might have under the Contract Documents or by operation of law. The establishment of the time period of two (2) years after the Date of Completion, or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents, relates only to the specific obligation of Contractor to correct the Work and has no relationship to the time within which an action may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the work.