Common use of Correction of Defective Work Clause in Contracts

Correction of Defective Work. 9.5.1 Vendor agrees to correct any work that is found not to be in conformance with Section 9.1, but subject to the exclusions set forth in Sections 9.2 and 9.3, within a period of [*] from the Substantial Completion Date as defined and set forth in the * Confidential Treatment Requested ECC; provided that with respect to any warranty repair or replacement, which may include the provision of additional equipment and materials, and modification of such additional equipment and materials, as necessary, such period shall extend for the longer of the remaining warranty period, or one (1) year from completion of such repair, replacement, modification or addition; and provided further, that in no event shall any warranty period be extended beyond twelve (12) months following the expiration of the original warranty period. All correction of defective work under this Section 9.5.1 will include the cost of removal, disassembly, repair, replacement and re-assembly of the warranted items. Owner’s sole remedy with respect to any work that is not in compliance with Section 9.1 and subject to the limitations set forth in Sections 9.2 and 9.3 shall be reperformance of deficient services, or correction of the defective work pursuant to this Article 9, and/or pursuit of any applicable warranty claim on any warranty issued by a supplier or manufacturer. Notwithstanding the foregoing, Vendor’s warranty with respect to the Leased Tools and to any services provided under this Agreement with respect to the Leased Tools leased to Owner under the CPSFA shall extend for twelve (12) months only from the date the Leased Tools have met the Acceptance Criteria under the CPSFA and are ready to be placed in service. Warranty repair or replacement, or reperformance of deficient services, with respect to the Leased Tools shall be rewarranted for twelve (12) months provided that in no event may any warranty with respect to the Leased Tools exceed twelve (12) months following expiration of the original warranty period applicable to the Leased Tools. 9.5.2 Vendor shall, at its sole cost and within a reasonable time, or immediately with respect to an event involving safety, of receipt of written notice from Owner that its work is not in conformance with the Contract Documents (but not longer than twenty (20) Days, save for an event involving safety) 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 or reperformance of deficient services. 9.5.3 If Vendor fails to commence the necessary steps within the time period set forth in Section 9.5.2, or fails to continue to prosecute such steps through to completion, Owner may provide Vendor with written notice that Owner will commence or assume correction of such nonconforming work and repair of such damaged work with its own resources within seven (7) Days after Vendor’s receipt of such notice. If Owner does perform such corrective and repair work, Vendor shall be responsible for all reasonable costs incurred by Owner in performing such correction and such corrective and repair work performed by Owner shall remain subject to warranty in accordance with the terms of this Article 9.

Correction of Defective Work. 9.5.1 Vendor (a) Contractor agrees to correct promptly and completely correct, at its cost, any work Work that is found not to be in conformance with Section 9.1the Contract Documents, but including that part of the Work subject to the exclusions set forth in Sections 9.2 and 9.3Section 10, within a period of [*] from the Substantial Completion Date as defined and set forth in the * Confidential Treatment Requested ECC; provided that with respect to any warranty repair or replacement, which may include the provision of additional equipment and materials, and modification of such additional equipment and materials, as necessary, such period shall extend for the longer of the remaining warranty period, or one twenty-four (1) year from completion of such repair, replacement, modification or addition; and provided further, that in no event shall any warranty period be extended beyond twelve (1224) months following the expiration of the original warranty period. All correction of defective work under this Section 9.5.1 will include the cost of removal, disassembly, repair, replacement and re-assembly of the warranted items. Owner’s sole remedy with respect to any work that is not in compliance with Section 9.1 and subject to the limitations set forth in Sections 9.2 and 9.3 shall be reperformance of deficient services, or correction of the defective work pursuant to this Article 9, and/or pursuit of any applicable warranty claim on any warranty issued by a supplier or manufacturer. Notwithstanding the foregoing, Vendor’s warranty with respect to the Leased Tools and to any services provided under this Agreement with respect to the Leased Tools leased to Owner under the CPSFA shall extend for twelve (12) months only from the date of Final Completion of the Leased Tools have met the Acceptance Criteria under the CPSFA and are ready to be placed in service. Warranty repair or replacementWork, as applicable, or reperformance of deficient services, with respect within such longer period to the Leased Tools shall be rewarranted for twelve extent required by the Contract Documents or applicable Laws or Governmental Approvals (12) months provided that in no event may any warranty with respect to the Leased Tools exceed twelve (12) months following expiration of the original warranty period applicable to the Leased Tools“Warranty Period”). 9.5.2 Vendor (b) Contractor shall, at its sole cost and within a reasonable timeseven (7) days, or immediately with respect to an event involving safetyother time period as mutually agreed, of receipt of written notice from Owner Concessionaire that its work the Work is not in conformance with the Contract Documents (but not longer than twenty (20) DaysDocuments, save for an event involving safety) take meaningful steps to commence correction of such nonconforming workWork, including the correction, removal or replacement of the nonconforming work Work and correction or replacement any damage caused to other parts of any work damaged the Work affected by such the nonconforming work or reperformance of deficient services. 9.5.3 Work. If Vendor Contractor fails to commence the necessary steps within such time period, Concessionaire, in addition to any other remedies provided under the time period set forth in Section 9.5.2Contract Documents, or fails may take any steps that it considers necessary to continue to prosecute such steps through to completioncorrect the nonconforming Work, Owner may provide Vendor including providing Contractor with written notice that Owner Concessionaire will commence or assume correction of such nonconforming work and repair of such damaged work Work with its own resources within seven (7) Days after Vendor’s receipt of such noticeforces. If Owner Concessionaire does perform such corrective and repair workWork, Vendor Contractor shall be responsible for all reasonable costs and expenses incurred by Owner Concessionaire in performing such correction within fourteen (14) days of Contractor receiving demand from Concessionaire. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day periods identified herein shall be deemed inapplicable. (c) If any item of Work is repaired or replaced, the Warranty Period for that last item of Work will be extended until the later of (x) an additional twelve (12) months from the date the repair or replacement is completed and such corrective (y) the end of the Warranty Period, and repair work performed by Owner shall remain subject this Section 4.10 will continue to warranty apply with respect to that Work for the extended Warranty Period. (d) The Warranty Period referenced in accordance with Section 4.10(a) above applies only to Contractor’s obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Concessionaire may have regarding Contractor’s other obligations under the terms of this Article 9Contract Documents.