Common use of Repairs or Replacement Clause in Contracts

Repairs or Replacement. Any damage to existing conditions, or to any other improvement or property above or below the surface of the ground, whether private or public, arising from Contractor's performance of the Work shall be repaired within forty-eight (48) hours by Contractor without any addition to the GMP, unless disruption of school operation or creation of a safety hazard has occurred, in which case damage will be corrected immediately. If the best interest of District requires that repairs be made prior to the execution of any further work, the District Representative will so notify Contractor who shall delay or discontinue that part of the Work until the necessary repair has been made. Such delay shall be considered non-compensable, and no extension of the Term of this Facilities Lease will be granted therefore unless the delay arises from site conditions that could not have reasonably been foreseen or additional work ordered by the District. Upon the failure of Contractor to comply with any such order, or upon Contractor's failure to make immediate emergency repairs which are necessary to protect the Work, District shall do that work itself as is necessary to protect life and property, in its sole discretion, and deduct the total cost of such work from the next Tenant Improvement Payment. No prior notice to Contractor shall be necessary for District to take this action.

Appears in 4 contracts

Samples: Facilities Lease, Facilities Lease, Facilities Lease

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Repairs or Replacement. Any damage to existing conditions, or to any other improvement or property above or below the surface of the ground, whether private or public, arising from Contractor's performance of the Work shall be repaired within forty-eight (48) hours by Contractor without any addition to the GMP, unless disruption of school operation or creation of a safety hazard has occurred, in which case damage will be corrected immediately. If the best interest of District requires that repairs be made prior to the execution of any further work, the District Representative will so notify Contractor who shall delay or discontinue that part of the Work until the necessary repair has been made. Such delay shall be considered non-compensable, and no extension of the Term of this Facilities Lease will be granted therefore unless the delay arises from site conditions that could not have reasonably been foreseen or additional work ordered by the District. Upon the failure of Contractor to comply with any such order, or upon Contractor's failure to make immediate emergency repairs which are necessary to protect the Work, District shall do that work itself as is necessary to protect life and property, in its sole discretion, and deduct the total cost of such work from the next Tenant Improvement Paymentprogress payment. No prior notice to Contractor shall be necessary for District to take this action.

Appears in 2 contracts

Samples: Facilities Lease, Facilities Lease

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Repairs or Replacement. Any damage to existing conditions, or to any other improvement or property above or below the surface of the ground, whether private or public, arising from Contractor's performance of the Work this Facilities Lease shall be repaired within forty-eight (48) hours by Contractor without any addition to the GMP, unless disruption of school operation or creation of a safety hazard has occurred, in which case damage will be corrected immediately. If the best interest of District requires that repairs be made prior to the execution of any further work, the District Representative will so notify Contractor who shall delay or discontinue that part of the Work until the necessary repair has been made. Such delay shall be considered non-compensable, and no extension of the Term of this Facilities Lease will be granted therefore unless the delay arises from site conditions that could not have reasonably been foreseen or additional work ordered by the District. Upon the failure of Contractor to comply with any such order, or upon Contractor's ’s failure to make immediate emergency repairs which are necessary to protect the Work, District shall do that work itself as is necessary to protect life and property, in its sole discretion, and deduct the total cost of such work from the next Tenant Improvement Paymentprogress payment. No prior notice to Contractor shall be necessary for District to take this action.

Appears in 1 contract

Samples: Facilities Lease

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