City’s Right to Correct. If circumstances warrant, including but not limited to an emergency or the Developer’s failure, the General Contractor’s failure, or such Subcontractor’s failure, as applicable, to adhere to Section 12.1, City may correct, remove, or replace the Defective Work. In such circumstances, the Developer, the General Contractor, and such Subcontractor(s), as applicable, shall not recover costs associated with the Defective Work.
City’s Right to Correct. If circumstances warrant, including but not limited to an emergency or Developer’s failure to adhere to Section 19.1, City may correct, remove, or replace the Defective Work. In such circumstances, Developer shall reimburse City for all of City’s costs, whether direct or indirect, associated with the correction or removal and replacement.
City’s Right to Correct. If circumstances warrant, including an emergency or Subdivider’s failure to adhere to Section 23.1, City may correct, remove, or replace the Defective Work. In such circumstances, Subdivider shall not recover costs associated with the Defective Work and shall reimburse City for all City’s costs, whether direct or indirect, associated with the correction or removal and replacement.
City’s Right to Correct. If Design-Builder fails to commence corrections within forty-eight (48) hours after receipt of written notice, City, under the provisions of Article 14 herein, will proceed to have defects repaired and made good at the expense of Design-Builder and its performance bond surety, plus fifteen percent (15%) for City's overhead and administrative expense. City may charge such costs against any payment due Design-Builder. City will be entitled to all costs, including reasonable attorneys’ fees and consultants’ expenses necessarily incurred due to the Design-Builder’s refusal to pay the above costs. If, in the opinion of City, defective work creates a dangerous or hazardous condition or requires immediate correction or attention to prevent further loss to City or to prevent interruption of operations of City, City may take immediate action, give notice, make such correction, or provide such attention and the cost of such correction or attention shall be charged against Design-Builder. Such action by City will not relieve Design-Builder of the warranties provided in the Contract Documents.
