Common use of Agreement to Accept Nonconforming Work Clause in Contracts

Agreement to Accept Nonconforming Work. If Developer elects not to fully correct any Nonconforming Work pursuant to Section pursuant to this Agreement. Developer acknowledges and agrees that subject to Xxxxxxxxx’s right to correct Nonconforming Work in accordance with Section 6.8.1, including the timelines therein, TxDOT shall have discretion regarding acceptance or rejection of Nonconforming Work and shall have discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 6.8.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 6.8.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Section 19 Technical Provisions is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.

Agreement to Accept Nonconforming Work. If Developer elects not to fully correct any Nonconforming Work pursuant to Section pursuant to this Agreement. Developer acknowledges and agrees that subject to XxxxxxxxxDeveloper’s right to correct Nonconforming Work in accordance with Section 6.8.1, including the timelines therein, TxDOT shall have discretion regarding acceptance or rejection of Nonconforming Work and shall have discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 6.8.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 6.8.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Section 19 Technical Provisions is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.