Common use of Correction of Deficiencies Clause in Contracts

Correction of Deficiencies. If the Work or Equipment or Spare Part is in breach of any Warranty set forth in this Section 7.1, Contractor shall, subject to Section 7.2, cure such breach as promptly as practicable upon being given written notice thereof (“Warranty Service”). Owner shall provide Contractor with reasonable access to the Project in order to perform its obligation under this Article VII and the Parties shall schedule such work as necessary so as to minimize disruptions to the operation of the Project. Owner shall have the right to operate and otherwise use the Equipment until such time as Owner deems prudent to suspend such operation or use in order to accommodate Contractor’s Warranty Services. If Equipment has been placed in service, Contractor shall perform such Warranty Service as soon as Owner deems it prudent to remove the same from service for any Warranty Service by Contractor; provided that the Warranty Period will continue until Contractor has completed such Warranty Service. Neither payment by Owner, nor any other provision of this Agreement, nor partial or entire use or possession of the Work by Owner shall relieve Contractor of liability with respect to the Warranty contained in this Article VII. Contractor shall bear all costs and expenses directly associated with the Warranty Services, including, all costs of services and equipment and of any necessary disassembly, removal, replacement, transportation, reassembly, reinstallation, and retesting, as well as reworking, repair or replacement of such Work, and reassembly of structures, electrical work, machinery, Equipment, or any other obstruction as necessary to give access to the non-conforming item for correction, and for removal, repair or replacement of any damage to other work or property that arises from the breach of Warranty and any applicable insurance deductibles. Upon completion of Warranty Service, all Equipment shall be returned or restored to its proper condition (subject to normal wear and tear), including but not limited to fit alignment, adjustment, operability and finish. If Contractor is obligated to repair, replace or renew any Equipment, item or portion of the Work hereunder, Contractor will undertake a technical analysis of the problem and correct the “root cause” unless Contractor can demonstrate to Owner’s reasonable satisfaction that there is no material risk of the reoccurrence of such problem. Contractor’s obligations under this Section 7.1 shall not be impaired or otherwise adversely affected by any actual or possible legal obligation or duty of any vendor or Subcontractor to Contractor or Owner. No correction or cure shall be considered complete until Owner has reviewed and accepted such remedial work. So long as Contractor has been notified of a breach of Warranty prior to the end of the Warranty Period, the obligation of Contractor to provide Warranty Service to correct such noncompliance, Defect or breach of Warranty shall survive the expiration of the Warranty Period.

Correction of Deficiencies. If during the Warranty Period the Work is found to contain Defects, or Equipment or Spare Part Contractor is otherwise in breach of any Warranty of the warranties set forth in this Section 7.116.1 and Contractor receives written notice thereof during the Warranty Period or promptly after the end of the Warranty Period (or the later period as provided in Section 16.1(b), Contractor shallshall at its sole cost and expense (including the cost of labor and equipment), subject to Section 7.2promptly correct, repair, replace such Defect or otherwise cure such breach as promptly as practicable upon being given written notice thereof directing Contractor to correct such Work or remedy such breaches of Warranties with materials of new and good quality, or re-perform all such defective components of the Infrastructure Facilities or the Work (“Warranty Service”). Owner shall provide Contractor with reasonable access (with an object of minimizing revenue and operational disruption) to the Project in order to perform its obligation under this Article VII and the Parties shall schedule such work corrections or replacements as necessary so as to minimize disruptions to the operation of the Project. Owner shall have the right to operate and otherwise use the Equipment until such time as Owner deems prudent to suspend such operation or use in order to accommodate Contractor’s Warranty Services. If Equipment has been placed in service, Contractor shall perform such Warranty Service as soon as Owner deems it prudent to remove the same from service for any Warranty Service by Contractor; provided that the Warranty Period will continue until Contractor has completed such Warranty Service. Neither payment by Owner, nor any other provision of this Agreement, nor partial or entire use or possession of the Work by Owner shall relieve Contractor of liability with respect to the Warranty contained in this Article VII. Contractor shall bear all costs and expenses directly associated with the Warranty Servicescorrecting any Defect or breach of warranty, including, all costs of services and equipment and of any without limitation, necessary disassembly, removal, replacement, transportation, reassembly, reinstallation, reassembly and retesting, as well as reworking, repair or replacement of such Work, disassembly and reassembly of structurespiping, electrical workducts, machinery, Equipment, Equipment or any other obstruction Work as necessary to give access to the improper, defective or non-conforming item for Work and correction, and for removal, removal or repair or replacement of any damage to other work or property that arises from the breach of Warranty and any applicable insurance deductibles. Upon completion of Warranty Service, all Equipment shall be returned or restored to its proper condition (subject to normal wear and tear), including but not limited to fit alignment, adjustment, operability and finishDefect. If Contractor is obligated to repair, replace or renew any Equipment, item or portion of the Work hereunder, Contractor will undertake a technical analysis of the problem and correct the “root cause” unless Contractor can demonstrate to Owner’s reasonable satisfaction that there is no material not a risk of the reoccurrence of such problem. Contractor’s obligations under this Section 7.1 shall not be impaired or otherwise adversely affected by any actual or possible legal obligation or duty of any vendor or Subcontractor to Contractor or Owner. No correction or cure shall be considered complete until Owner has reviewed and accepted such remedial work. So long as Contractor has been notified of a breach of Warranty prior to the end of the Warranty Period, the obligation of Contractor to provide Warranty Service to correct such noncompliance, concerning any Defect or breach of Warranty shall survive the expiration of the Warranty Periodwarranty.

Correction of Deficiencies. If during the Warranty Period the Work is found to contain Defects, or Equipment or Spare Part Contractor is otherwise in breach of any Warranty of the warranties set forth in this Section 7.17.1 and Contractor receives written notice thereof during the Warranty Period or promptly after the end of the Warranty Period (or the later period as provided in Section 7.1.2), Contractor shallshall at its sole cost and expense (including the cost of labor and equipment), subject to Section 7.2promptly correct, repair, replace such Defect or otherwise cure such breach as promptly as practicable upon being given written notice thereof directing Contractor to correct such Work or remedy such breaches of Warranties with materials of new and good quality, or re-perform all such defective components of the Infrastructure Facilities or the Work (“Warranty Service”). Owner shall provide Contractor with reasonable access (with an object of minimizing revenue and operational disruption) to the Project in order to perform its obligation under this Article VII and the Parties shall schedule such work corrections or replacements as necessary so as to minimize disruptions to the operation of the Project. Owner shall have the right to operate and otherwise use the Equipment until such time as Owner deems prudent to suspend such operation or use in order to accommodate Contractor’s Warranty Services. If Equipment has been placed in service, Contractor shall perform such Warranty Service as soon as Owner deems it prudent to remove the same from service for any Warranty Service by Contractor; provided that the Warranty Period will continue until Contractor has completed such Warranty Service. Neither payment by Owner, nor any other provision of this Agreement, nor partial or entire use or possession of the Work by Owner shall relieve Contractor of liability with respect to the Warranty contained in this Article VII. Contractor shall bear all costs and expenses directly associated with the Warranty Servicescorrecting any Defect or breach of warranty, including, all costs of services and equipment and of any without limitation, necessary disassembly, removal, replacement, transportation, reassembly, reinstallation, reassembly and retesting, as well as reworking, repair or replacement of such Work, disassembly and reassembly of structurespiping, electrical workducts, machinery, Equipment, Equipment or any other obstruction Work as necessary to give access to the improper, defective or non-conforming item for Work and correction, and for removal, removal or repair or replacement of any damage to other work or property that arises from the breach of Warranty and any applicable insurance deductibles. Upon completion of Warranty Service, all Equipment shall be returned or restored to its proper condition (subject to normal wear and tear), including but not limited to fit alignment, adjustment, operability and finishDefect. If Contractor is obligated to repair, replace or renew any Equipment, item or portion of the Work hereunder, Contractor will undertake a technical analysis of the problem and correct the “root cause” unless Contractor can demonstrate to Owner’s reasonable satisfaction that there is no material not a risk of the reoccurrence of such problem. Contractor’s obligations under this Section 7.1 shall not be impaired or otherwise adversely affected by any actual or possible legal obligation or duty of any vendor or Subcontractor to Contractor or Owner. No correction or cure shall be considered complete until Owner has reviewed and accepted such remedial work. So long as Contractor has been notified of a breach of Warranty prior to the end of the Warranty Period, the obligation of Contractor to provide Warranty Service to correct such noncompliance, concerning any Defect or breach of Warranty shall survive the expiration of the Warranty Periodwarranty.

Correction of Deficiencies. If the Work or Equipment or Spare Part is in Upon any breach of any Warranty set forth in this Section 7.1, Contractor shall, subject to Section 7.2, Company shall cure such breach as promptly as practicable practicable, pursuant to Section 7.2, upon being given written notice thereof (“Warranty Service”). Owner shall provide Contractor Company with reasonable access to the Project in order to perform its Company’s obligation under this Article VII VII, and the Parties shall schedule such work as necessary so as to minimize disruptions to the operation of the Project. Company acknowledges that Owner shall have the right to operate and otherwise use the Equipment until such time as Owner deems prudent to suspend such operation or use in order to accommodate ContractorCompany’s Warranty Services. If Equipment has been placed in service, Contractor Company shall perform such Warranty Service as soon as Owner deems it prudent to remove the same from service for any Warranty Service by ContractorCompany; provided that that, notwithstanding anything to the contrary, if Owner has delivered a notice pursuant to Section 7.2 within the Warranty Period, Company’s obligation to perform the associated Warranty Work (if any) will be not be affected by the Warranty Period having lapsed before the Warranty Work could be performed and Company’s obligation to perform the associated Warranty Work will continue until Contractor Company has completed such Warranty Service. Neither payment by Owner, nor any other provision of this Agreement, nor partial or entire use or possession of the Work by Owner shall relieve Contractor of liability with respect to the Warranty contained in this Article VII. Contractor Company shall bear all costs and expenses directly associated with the Warranty Services, including, including all costs of services labor and equipment and of any necessary disassembly, removal, replacement, transportation, reassembly, reinstallation, and retesting, as well as reworking, repair or replacement of such Work, and reassembly of structures, electrical work, machinery, Equipment, or any other obstruction as necessary to give access to the non-conforming item for correction, and for removal, repair or and/or replacement of any damage to other work or property that arises from the breach of Warranty and any applicable insurance deductiblesWarranty. Upon completion of Warranty Service, all Equipment shall be returned or restored to its proper condition (subject to normal wear and tear), including but not limited to fit alignment, adjustment, operability and finish. If Contractor Company is obligated to repair, replace or renew any Equipment, item or portion of the Work hereunder, Contractor Company will undertake a technical analysis of the problem and correct the “root cause” unless Contractor Company can demonstrate to Owner’s reasonable satisfaction that there is no material risk of the reoccurrence of such problem. Contractor’s obligations under this Section 7.1 shall not be impaired or otherwise adversely affected by any actual or possible legal obligation or duty of any vendor or Subcontractor to Contractor or Owner. No correction or cure shall be considered complete until Owner (and at Owner’s election, Owner’s Engineer or Owner’s Project Manager) has reviewed and accepted such remedial work. So long as Contractor Company has been notified of a breach of Warranty prior to the end of the Warranty Period, the obligation of Contractor Company to provide Warranty Service to correct such noncompliance, Defect or breach of Warranty shall survive the expiration of the Warranty Period.