Common use of Correction of Defective Work Clause in Contracts

Correction of Defective Work. 8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within a period of one (1) year from the date of Substantial Completion of the Work; provided that Owner must report such non-conformance within seven (7) days of the appearance of such failure or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resources. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction.

Correction of Defective Work. 8.2.1 Design2.8.1 If any portion of the Work is covered over by CM@Risk or its Subcontractor contrary to the request of the Design Professional or Owner or as required by the Construction Documents or the applicable building standards or codes if requested in writing by the Design Professional or Owner, that Work or portion thereof must be promptly uncovered for observation at the CM@Risk’s own expense. 2.8.2 If any portion of the Work, other than those portions required to be inspected by the Design Professional, the Owner or others, prior to being covered, has been covered over, the Design Professional or Owner may request that it be uncovered for observation. If such portion of the Work is found to be in accordance with the requirements of the Construction Documents, the cost of uncovering it shall be charged to the Owner as an amendment or change order. If such portion of the Work is found not to be in compliance with the requirements of the Contract Documents, the CM@Risk shall bear such costs to uncover, remove and replace or repair such defective work and re-Builder cover the work. 2.8.3 Unless a specific written waiver of such non-conformance has been provided to the CM@Risk, CM@Risk agrees to promptly correct any Work that is found not to not be in conformance with the Contract Documents, including that part whether previously inspected by the Owner’s representatives or not. This obligation of the Work subject to Section 8.1, within CM@Risk shall continue for a period of one two (12) year years from the date of Substantial Completion of Completion. Nothing in this section shall waive any other rights or remedy that the Work; provided that Owner must report such non-conformance within seven (7) days of the appearance of such failure or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8may have under Arizona law. 8.2.2 Design-Builder shall2.8.4 CM@Risk, within seven (7) Days of upon receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to shall, within seven (7) days (except in the case of an emergency or item on the schedule critical path, which will require immediate response) commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement any damage caused to any other parts of any the Work damaged affected by such the nonconforming Work. If Design-Builder In the event CM@Risk fails to commence the necessary corrective steps within such seven (7) Day period or fails to continue to perform such steps through completiondays of the Notice, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will at the end of the seven (7) day period commence to correct or assume cause the correction of such nonconforming Work and repair of such damaged Work with its own resourcesor other forces. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder CM@Risk shall be responsible for all reasonable costs incurred by and expenses that Owner incurs in performing remedying any such Work not in conformance with the correctionContract Documents, including at Owner’s sole discretion, any of its own staff time costs and all Design Professional or other fees incurred. Owner will notify CM@Risk of its intent to make such corrections at or before the commencement of the corrective work. 2.8.5 The two-year warranty period referenced in Section 2.7 applies only to the CM@Risk’s obligation to correct Work not in compliance with the Construction Documents, and shall not constitute a period of limitations with respect to any other rights or remedies Owner may have with respect to CM@Risk’s other obligations under the Contract Documents. CM@Risk acknowledges that, for purposes of statutes of limitations, Owner is an instrumentality of the State of Arizona, acting in its sovereign capacity.

Correction of Defective Work. 8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within a period of one (1) year from the date of Substantial Completion of the Work; provided that Owner must report such nonone-conformance within seven (7) days of the appearance of such failure or non-conformance and that such one (1)-year year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resources. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) Day periods identified herein shall be inapplicable and Design-Builder shall immediately correct, remove or replace the nonconforming Work.

Correction of Defective Work. 8.2.1 Design2.16.1 If any portion of the Work is covered over by Contractor or its Subcontractor contrary to the request of the Design Professional or Owner or as required by the Construction Documents or the applicable building standards or codes if requested in writing by the Design Professional or Owner, that Work or portion thereof must be promptly uncovered for observation at the Contractor’s own expense. 2.16.2 If any portion of the Work, other than those portions required to be inspected by the Design Professional, the Owner or others, prior to being covered, has been covered over, the Design Professional or Owner may request that it be uncovered for observation. If such portion of the Work is found to be in accordance with the requirements of the Construction Documents, the cost of uncovering it shall be charged to the Owner as an amendment or change order. If such portion of the Work is found not to be in compliance with the requirements of the Contract Documents, the Contractor shall bear such costs to uncover and remove and replace or repair. 2.16.3 Unless a specific written waiver of such non-Builder conformance has been provided to the Contractor, Contractor agrees to promptly correct any Work that is found not to not be in conformance with the Contract Documents, including that part whether previously inspected by the Owner’s representatives or not. This obligation of the Work subject to Section 8.1, within Contractor shall continue for a period of one two (12) year years from the date of Substantial Completion of Completion. Nothing in this section shall waive any other rights or remedy that the Work; provided that Owner must report such non-conformance within seven (7) days of the appearance of such failure or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8may have under Arizona law. 8.2.2 Design-Builder shall2.16.4 Contractor, within seven (7) Days of upon receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to shall, within seven (7) days (except in the case of an emergency or item on the schedule critical path, which will require immediate response) commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement any damage caused to any other parts of any the Work damaged affected by such the nonconforming Work. If Design-Builder In the event Contractor fails to commence the necessary corrective steps within such seven (7) Day period or fails to continue to perform such steps through completiondays of the Notice, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will at the end of the seven (7) day period commence to correct or assume cause the correction of such nonconforming Work and repair of such damaged Work with its own resourcesor other forces. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder Contractor shall be responsible for all reasonable costs incurred by and expenses that Owner incurs in performing remedying any such Work not in conformance with the correctionContract Documents, including at Owner’s sole discretion, any of its own staff time costs and all Design Professional or other fees incurred. Owner will notify Contractor of its intent to make such corrections at or before the commencement of the corrective work. 2.16.5 The two-(2)year warranty period referenced in Section 2.15 applies only to the Contractor’s obligation to correct Work not in compliance with the Construction Documents, and shall not constitute a period of limitations with respect to any other rights or remedies Owner may have with respect to Contractor’s other obligations under the Contract Documents. Contractor acknowledges that, for purposes of statutes of limitations, Owner is an instrumentality of the State of Arizona, acting in its sovereign capacity.

Correction of Defective Work. 8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within a period of one (1) year from the date of Substantial Completion of the Work; provided that Owner must report such non-conformance within seven (7) days of . In addition, the appearance of such failure or non-conformance and that such one (1)-year 1)year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to diligently commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder fails to diligently commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resources. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) Day periods identified herein shall be inapplicable and Design-Builder shall immediately correct, remove or replace the nonconforming Work.

Correction of Defective Work. 8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within a period of one (1) year from the date of Substantial Completion of the Work; provided that Owner must report such non-conformance within seven (7) days Days of the appearance of such failure or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming [Name of Project Company] ___ ___, 2006 Work and repair of such damaged Work with its own resources. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction.

Correction of Defective Work. 8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within a period of one (1) year from the date of Substantial Completion of the Work; provided that Owner must report such non-conformance within seven ten (710) days of the appearance earlier of (i) the date that Owner becomes aware of such failure or non-conformance, or (ii) the date Owner should have become aware of such failure or non-conformance had Owner acted in a reasonable manner and operated pursuant to applicable operating manuals, inspection requirements, and maintenance logs as provided by Design-Builder or the appropriate vendor; and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resources. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) Day periods identified herein shall be inapplicable and Design-Builder shall immediately correct, remove or replace the nonconforming Work.

Correction of Defective Work. 8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within a period of one (1) year from the date of Substantial Completion of the Work; provided that Owner must report such nonone-conformance within seven (7) days of the appearance of such failure or non-conformance and that such one (1)-year year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8VIII. 8.2.2 Design-Builder shall, within seven (7) Days days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completionday period, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resourcesforces. If, following such written notice, If Owner performs does perform such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction. If the correctionnonconforming Work creates an emergency requiring an immediate response, the seven (7) day periods identified herein shall be inapplicable.

Correction of Defective Work. 8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within Xxxxx’x warranty obligation extends for a period of one (1) year from the date of Substantial Mechanical Completion of the Work; provided that Owner must report such non-conformance within seven ten (710) days Days of the appearance date Owner first learns or should have learned of such failure or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the warrantied Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 Design-Builder Xxxxx shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence and complete correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder Xxxxx fails to commence the necessary steps within such seven (7) Day period or fails thereafter to continue to diligently perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder Xxxxx with written notice that Owner will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resources. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder Xxxxx shall be responsible for all reasonable costs incurred by Owner in performing the correction.

Correction of Defective Work. 8.2.1 Design2.8.1 If any portion of the Work is covered over by CM@Risk or its Subcontractor contrary to the request of the Design Professional or Owner or as required by the Construction Documents or the applicable building standards or codes if requested in writing by the Design Professional or Owner, that Work or portion thereof must be promptly uncovered for observation at the CM@Risk’s own expense. 2.8.2 If any portion of the Work, other than those portions required to be inspected by the Design Professional, the Owner or others, prior to being covered, has been covered over, the Design Professional or Owner may request that it be uncovered for observation. If such portion of the Work is found to be in accordance with the requirements of the Construction Documents, the cost of uncovering it shall be charged to the Owner as an amendment or change order. If such portion of the Work is found not to be in compliance with the requirements of the Contract Documents, the CM@Risk shall bear such costs to uncover and remove and replace or repair. 2.8.3 Unless a specific written waiver of such non-Builder conformance has been provided to the CM@Risk, CM@Risk agrees to promptly correct any Work that is found not to not be in conformance with the Contract Documents, including that part whether previously inspected by the Owner’s representatives or not. This obligation of the Work subject to Section 8.1, within CM@Risk shall continue for a period of one two (12) year years from the date of Substantial Completion of Completion. Nothing in this section shall waive any other rights or remedy that the Work; provided that Owner must report such non-conformance within seven (7) days of the appearance of such failure or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8may have under Arizona law. 8.2.2 Design-Builder shall2.8.4 CM@Risk, within seven (7) Days of upon receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to shall, within seven (7) days (except in the case of an emergency or item on the schedule critical path, which will require immediate response) commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement any damage caused to any other parts of any the Work damaged affected by such the nonconforming Work. If Design-Builder In the event CM@Risk fails to commence the necessary corrective steps within such seven (7) Day period or fails to continue to perform such steps through completiondays of the Notice, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will at the end of the seven (7) day period commence to correct or assume cause the correction of such nonconforming Work and repair of such damaged Work with its own resourcesor other forces. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder CM@Risk shall be responsible for all reasonable costs incurred by and expenses that Owner incurs in performing remedying any such Work not in conformance with the correctionContract Documents, including at Owner’s sole discretion, any of its own staff time costs and all Design Professional or other fees incurred. Owner will notify CM@Risk of its intent to make such corrections at or before the commencement of the corrective work. 2.8.5 The two-year warranty period referenced in Section 2.7 applies only to the CM@Risk’s obligation to correct Work not in compliance with the Construction Documents, and shall not constitute a period of limitations with respect to any other rights or remedies Owner may have with respect to CM@Risk’s other obligations under the Contract Documents. CM@Risk acknowledges that, for purposes of statutes of limitations, Owner is an instrumentality of the State of Arizona, acting in its sovereign capacity.

Correction of Defective Work. 8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within a period of one (1) year from the date of Substantial Completion of the Work; provided that Owner must report such non-conformance within seven (7) days of the appearance date that Owner becomes aware of such failure or non-conformance or the date Owner should have become aware of such failure or non-conformance, whichever is earlier, and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resources. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction. If the non­conforming Work creates an emergency requiring an immediate response, the seven (7) Day periods identified herein shall be inapplicable and Design-Builder shall immediately correct, remove, or replace the non-conforming Work.

Correction of Defective Work. 8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within a period of one (1) year from the date of Substantial Completion of the Work; provided that Owner must report such non-conformance within seven (7) days Days of the appearance of such failure or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming [Name of Project Company] , 2006 Work and repair of such damaged Work with its own resources. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction.

Correction of Defective Work. 8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within a period of one (1) year from the date of Substantial Completion of the Work; provided that Owner must report such non-conformance within seven (7) days of the appearance of such failure or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8.. First United Ethanol, LLC November 16, 2006 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resources. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction. If the non-conforming Work creates an emergency requiring an immediate response, the seven (7) Day periods identified herein shall be inapplicable and Design-Builder shall immediately correct, remove, or replace the non-conforming Work.

Correction of Defective Work. 8.2.1 2.10.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.12.9 hereof, within a period of one two years (12) year from the date of Substantial Completion of the Core and Shell portion of the Work or any portion of the Work; provided , or within such longer period to the extent required by the Contract Documents. 2.10.2 Design-Builder shall, within 24 hours of verbal notice (confirmed in writing) from Owner that Owner must report such non-conformance conforming or defective Work either prevents the use of the facility and/or immediate response is required to prevent further damage or to restore security to prevent external entrance, and/or is a safety hazard (e.g., break in the waterline, sprinkler system failure, failure of the heating system, etc.), or within seven (7) days of the appearance of such failure or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract DocumentsDocuments in other ways, take meaningful steps to commence correction of such nonconforming or defective Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement any damage caused to other parts of any the Work damaged affected by such the nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completionspecified period, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resourcesforces. If, following such written notice, If Owner performs does perform such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction. If the correctionnonconforming Work creates an emergency or a situation that Owner reasonably believes requiring an immediate response, the periods identified herein shall be deemed inapplicable. 2.10.3 The two-year period referenced in Section 2.10.1 above applies only to Design-Builder's obligation to correct nonconforming or defective Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design-Builder's other obligations under the Contract Documents.

Correction of Defective Work. 8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within a period of one (1) year from the date of Substantial Completion of the Work; provided that Owner must report such non-conformance within seven (7) days of the appearance Owner becoming aware of such failure or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resources. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction. If the nonconforming Work creates an emergency requiring immediate response, Design-Builder shall remove or replace the nonconforming Work as soon as practicable under the circumstances.

Correction of Defective Work. 8.2.1 Design-Builder 2.8.1 If any portion of the Work is covered over contrary to the request of the DP or Owner or as required by the Construction Documents or the applicable building standards, it must be uncovered for observation at the XXXX’x expense if requested by the DP or Owner in writing. 2.8.2 If any portion of the Work, other than those portions required to be inspected by the DP, the Owner or others, prior to being covered, has been covered over, the DP or Owner may request that it be uncovered for observation. If such portion is found to be in accordance with the requirements of the Construction Documents, the cost of uncovering it shall be charged to the Owner as a Change Order. If such portion is found not to be in accordance with the requirements of the Contract Documents, the XXXX shall bear such costs. 2.8.3 XXXX agrees to promptly correct any Work that is found not to not be in conformance with the Contract Documents, including that part whether previously inspected by the Owner’s representatives or not unless a specific written waiver of such non- conformance has been provided to the Work subject to Section 8.1, within XXXX by the Owner. This obligation shall continue for a period of one two (12) year years from the date of Substantial Completion of the Work; provided that Owner must report such non-conformance within seven (7) days entire Work and if the Project is done in phases or portions Substantial Completion of the appearance of such failure last phase or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with portion as determined by the Contract Documents, including . Nothing in this Section shall waive any time during which any part of rights that the Work is repaired or replaced pursuant to this Article 8Owner may have under Arizona law. 8.2.2 Design-Builder shall2.8.4 XXXX, within seven (7) Days of upon receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to shall, within seven (7) days (except in the case of an emergency or item on the schedule critical path, which will require immediate response) commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement any damage caused to any other parts of any the Work damaged affected by such the nonconforming Work. If Design-Builder XXXX fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completiondays, Owner, in addition to any other remedies provided under the Contract Documents, may at the end of the seven (7) day period provide Design-Builder XXXX with written notice that Owner will commence or assume correction of to correct such nonconforming Work and repair of such damaged Work with its own resourcesor other forces. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder XXXX shall be responsible for all reasonable costs incurred by and expenses that Owner incurs in performing remedying any Work not in conformance with the correctionContract Documents, including at its sole discretion any of its own staff time costs and all DP or other fees incurred. Owner will notify XXXX of its intent to make such corrections at or before the commencement of the corrective work. 2.8.5 The two-year period referenced in Section 2.7.1 applies only to the XXXX’x obligation to correct Work not in conformance with the Construction Documents and shall not constitute a period of limitations with respect to any other rights or remedies Owner may have with respect to XXXX’x other obligations under the Contract Documents or under applicable law. XXXX acknowledges that, for purposes of statues of limitations.

Correction of Defective Work. 8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within a period of one (1) year from the date of Substantial Completion of the Work; provided that Owner must report such nonone-conformance within seven (7) days of the appearance of such failure or non-conformance and that such one (1)-year year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resources. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction.. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) Day periods identified herein shall be inapplicable and Design-Builder shall immediately correct, remove or replace the nonconforming Work. Siouxland Ethanol, LLC 23 January 5, 2006

Correction of Defective Work. 8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within a period of one (1) year from the date of Substantial Completion of the Work; Platte Valley Fuel Ethanol, LLC April 24, 2006 provided that Owner must report such non-conformance within seven (7) days of the appearance of such failure or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resources. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction.

Correction of Defective Work. 8.2.1 2.15.1 Design-Builder Build Subcontractor agrees to correct any of the Work that is found not to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.12.14 hereof, within a period of one (1) year from the date of Substantial Completion of the entire Work; provided that Owner must report , or within such nonlonger period to the extent required by any specific warranty included in the Contract Documents. 2.15.2 Design-conformance Build Subcontractor shall, within seven (7) days of the appearance of such failure or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner SAMPLE Design-Builder that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction any damage caused to other parts of the Work or replacement of any Work damaged the Project affected by such the nonconforming Work. If Design-Builder Build Subcontractor fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completionday period, OwnerDesign-Builder, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder Build Subcontractor with written notice that Owner Design-Builder will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resourcesforces. If, following such written notice, Owner performs If Design-Builder does perform such corrective and repair Work, Design-Builder Build Subcontractor shall be responsible for all reasonable costs incurred by Owner Design-Builder in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day period identified herein shall be deemed inapplicable. If Design-Builder does perform such corrective Work, Design-Build Subcontractor shall be responsible for all reasonable costs incurred by Design-Builder in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day period identified herein shall be deemed inapplicable. 2.15.3 The one year period referenced in Section 2.15.1 above applies only to Design-Build Subcontractor’s obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Design-Builder may have regarding Design-Build Subcontractor’s obligations under the Contract Documents, or damages suffered by Design-Builder due to Design-Build Subcontractor’s failure to properly perform its Work.

Correction of Defective Work. 8.2.1 8.2.1. Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within a period of one (1) year from the date of Substantial Completion of the Work; provided that Owner must report such nonone-conformance within seven (7) days of the appearance of such failure or non-conformance and that such one (1)-year year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 8.2.2. Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resources. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) Day periods identified herein shall be inapplicable and Design-Builder shall immediately correct, remove or replace the nonconforming Work.

Correction of Defective Work. 8.2.1 2.15.1 Design-Builder Build Subcontractor agrees to correct any of the Work that is found not to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.12.14 hereof, within a period of one (1) year from the date of Substantial Completion of the entire Work; provided that Owner must report , or within such nonlonger period to the extent required by any specific warranty included in the Contract Documents. 2.15.2 Design-conformance Build Subcontractor shall, within seven (7) days of the appearance of such failure or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner Design-Builder that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction any damage caused to other parts of the Work or replacement of any Work damaged the Project affected by such the nonconforming Work. If Design-Builder Build Subcontractor fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completionday period, OwnerDesign-Builder, in addition to any other remedies provided under the Contract Documents, ,may provide Design-Builder Build Subcontractor with written notice that Owner Design-Builder will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resourcesforces. If, following such written notice, Owner performs such corrective and repair Work, If Design-Builder does perform such corrective Work,Design-Build Subcontractor shall be responsible for all reasonable costs incurred by Owner Design-Builder in performing such correction. If the correctionnonconforming Work creates an emergency requiring an immediate response, the seven (7) day period identified herein shall be deemed inapplicable. 2.15.3 The one year period referenced in Section 2.15.1 above applies only to Design-Build Subcontractor’s obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Design-Builder may have regarding Design-Build Subcontractor’s obligations under the Contract Documents, or damages suffered by Design-Builder due to Design-Build Subcontractor’s failure to properly perform its Work.

Correction of Defective Work. 8.2.1 Design-Builder 2.8.1 If any portion of the Work is covered over contrary to the request of the DP or Owner or as required by the Construction Documents or the applicable building standards, it must be uncovered for observation at the XXXX’x expense if requested by the DP or Owner in writing. 2.8.2 If any portion of the Work, other than those portions required to be inspected by the DP, the Owner or others, prior to being covered, has been covered over, the DP or Owner may request that it be uncovered for observation. If such portion is found to be in accordance with the requirements of the Construction Documents, the cost of uncovering it shall be charged to the Owner as a Change Order. If such portion is found not to be in accordance with the requirements of the Contract Documents, the CMAR shall bear such costs. 2.8.3 XXXX agrees to promptly correct any Work that is found not to not be in conformance with the Contract Documents, including that part whether previously inspected by the Owner’s representatives or not unless a specific written waiver of such non- conformance has been provided to the Work subject to Section 8.1, within CMAR by the Owner. This obligation shall continue for a period of one two (12) year years from the date of Substantial Completion of the Work; provided that Owner must report such non-conformance within seven (7) days entire Work and if the Project is done in phases or portions Substantial Completion of the appearance of such failure last phase or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with portion as determined by the Contract Documents, including . Nothing in this Section shall waive any time during which any part of rights that the Work is repaired or replaced pursuant to this Article 8Owner may have under Arizona law. 8.2.2 Design-Builder shall2.8.4 XXXX, within seven (7) Days of upon receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to shall, within seven (7) days (except in the case of an emergency or item on the schedule critical path, which will require immediate response) commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement any damage caused to any other parts of any the Work damaged affected by such the nonconforming Work. If Design-Builder CMAR fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completiondays, Owner, in addition to any other remedies provided under the Contract Documents, may at the end of the seven (7) day period provide Design-Builder CMAR with written notice that Owner will commence or assume correction of to correct such nonconforming Work and repair of such damaged Work with its own resourcesor other forces. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder CMAR shall be responsible for all reasonable costs incurred by and expenses that Owner incurs in performing remedying any Work not in conformance with the correctionContract Documents, including at its sole discretion any of its own staff time costs and all DP or other fees incurred. Owner will notify CMAR of its intent to make such corrections at or before the commencement of the corrective work. 2.8.5 The two-year period referenced in Section 2.7.1 applies only to the XXXX’x obligation to correct Work not in conformance with the Construction Documents and shall not constitute a period of limitations with respect to any other rights or remedies Owner may have with respect to XXXX’x other obligations under the Contract Documents or under applicable law. XXXX acknowledges that, for purposes of statues of limitations.

Correction of Defective Work. 8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within a period of one (1) year from the date of Substantial Completion of the Work; provided that Owner must report such non-conformance within seven (7) days of the appearance of such failure or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8.. Cardinal Ethanol, LLC December 14, 2006 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resources. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction. The seven (7) Day periods identified herein shall be inapplicable and Design-Builder shall immediately correct, remove, or replace the nonconforming Work under the following circumstances: (1) the nonconforming Work causes operations to cease at no fault of Owner: or (2) the nonconforming Work creates an emergency or direct safety hazard to Owner’s employees or the surrounding community requiring an immediate response.

Correction of Defective Work. 8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within a period of one (1) year from the date of Substantial Completion of the Work; provided that Owner must report such non-conformance within seven (7) days Days of the appearance of such failure or non-conformance and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resources. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction.

Correction of Defective Work. 8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 8.1, within a period of one (1) year from the date of Substantial Completion of the Work; provided that Owner must report such non-conformance within seven (7) days Days of the appearance date that Owner becomes aware of such failure or non-conformance or the date Owner should have become aware of such failure or non-conformance, whichever is earlier, and that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found to be not in conformance with the Contract Documents for each Day that such part of the Work is not operating in conformity with the Contract Documents, including any time during which any part of the Work is repaired or replaced pursuant to this Article 8. 8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails to continue to perform such steps through completion, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence or assume correction of such nonconforming Work and repair of such damaged Work with its own resources. If, following such written notice, Owner performs such corrective and repair Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing the correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) Day One Earth Energy, LLC May 17, 2007 periods identified herein shall be inapplicable and Design-Builder shall immediately correct, remove, or replace the nonconforming Work.