Removal of Defective Work. If the defect or damage cannot be remedied expeditiously on the Site and the Employer gives consent, the Contractor may remove from the Site for the purposes of repair such items of Plant as are defective or damaged. This consent may require the Contractor to increase the amount of the Performance Security by the full replacement cost of these items, or to provide other appropriate security.
Removal of Defective Work. Seller may, with the consent of Buyer, remove from the Site any part of the Work which is defective or damaged, if the nature of the Defect or damage is such that repairs cannot be expeditiously carried out on the Site.
Removal of Defective Work. 11.10 In addition to the Design-Builder’s warranty obligations and all other remedies of the City, if at any time during the period ending one year after Substantial Completion the Work is found to be Defective, the Design-Builder shall promptly correct all Defective Work without added cost to the City, whether or not fabricated, installed, or completed or, at the City’s option, remove it from the site and replace it with Work that meets the Contract requirements. If the Design-Builder does not promptly comply with the terms of such instructions, or in an emergency where delay would cause risk of loss or damage, the City may have the Defective Work corrected or removed and replaced, and all direct and indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by the Design-Builder or the Design-Builder’s surety.
Removal of Defective Work. If the defect or damage cannot be remedied expeditiously on the Site and Owner gives consent, Contractor may remove from the Site for the purposes of repair such items of the Works as are defective or damaged. As a condition of such consent Owner may require Contractor to provide a performance bond or other appropriate security.
Removal of Defective Work. Contractor may, with the consent of Company, remove from the Site any part of the Work which is defective or damaged, if the nature of the defect or damage is such that repairs cannot be expeditiously carried out on the Site, or if the terms of the OEM warranty require return of the defective parts to the supplier.
Removal of Defective Work. Developer may, with the consent of PacifiCorp, remove from the Site any part of the Work which is Defective or damaged, if the nature of the Defect or damage is such that repairs cannot be expeditiously carried out on the Site.
Removal of Defective Work. If the defect, deficiency, Nonconformity or damage cannot be remedied expeditiously on the Site and Hydro’s Representative gives its written consent, then the Contractor may remove from the Site for the purposes of repair such portions of the Work as are defective, deficient, nonconforming or damaged. This consent may require the Contractor to increase the amount of the Performance Bond by the full replacement cost of these items, or to provide other appropriate security.
Removal of Defective Work. A. All work and materials which do not conform to the requirements of the Contract will be considered unacceptable.
Removal of Defective Work. 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective WORK, whether or not fabricated, installed or completed, or, if the WORK has been rejected by ENGINEER, remove it from the site and replace it with nondefective WORK. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. One Year Correction Period:
Removal of Defective Work. The Design-Builder will, from time to time and at its own expense, promptly and properly remove, replace and re-execute any and all defective Work and make good any resulting repairs, whether the result of poor design, poor workmanship, use of defective materials or damage through carelessness or other acts, and whether incorporated in the Work or not, which has been properly rejected by the Owner’s Representative as failing to conform to the requirements of this Contract. Any work of Other Contractors approved by the Design-Builder pursuant to section 10(a) which is destroyed or damaged by such removals or replacements will be made good by the Design-Builder promptly at the Design-Builder's expense. If the Design-Builder does not remove such defective materials or work, or make good any resulting repairs, within the time as determined by the Owner’s Representative acting reasonably and set out in a written notice to the Design-Builder from the Owner’s Representative, the Owner may remove the defective work and store materials, or make good the required repairs, at the expense of the Design-Builder, and deduct reasonable costs from any amounts owing by the Owner to the Design- Builder. If in the opinion of the Owner it is not expedient to correct defective work, as described above, the Owner may deduct from the Contract Price the difference in value between the non-conforming work and that which is called for by this Contract, in an amount as determined initially by the Owner’s Representative, acting reasonably, and agreed to by the Design-Builder, provided that any warranty which may be affected by this process will be revised in a manner acceptable to both parties and any disagreement as to the amount of the adjustment or warranty revision will be resolved pursuant to the Dispute Resolution Procedure.
