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 9.1 In addition to the Work Conditional Acceptance process, if CTDOT determines that a deficiency exists in the rail cars or Equipment any of the spare parts or Spare Part is other materials and deliverables accepted by CTDOT under this Contract, CTDOT shall promptly notify Contractor of the deficiency, in breach writing, within ten (10) days. Upon timely notification of the existence of such a deficiency, or if Contractor independently discovers a deficiency in accepted material, Contractor shall promptly submit to CTDOT in writing within ten (10) days his recommendation for corrective actions, together with supporting information in sufficient detail for CTDOT to determine what corrective action, if any, shall be undertaken. 9.2 Within ten (10) days after receipt of Contractor’s recommendations for corrective action and adequate supporting information, CTDOT shall give Contractor written notice not to correct any Warranty deficiency, or to correct or partially correct any deficiency within a reasonable amount of time and at a specified location. 9.3 Contractor shall promptly comply with any timely written direction by CTDOT to correct or partially correct a deficiency, at no increase in cost to CTDOT. Contractor shall also prepare and furnish to CTDOT data and reports applicable to any correction required under this section (including revision and updating of all other affected data called for under this Contract) at no increase in the Contract price. 9.4 In the event of timely notice of a decision not to correct or only to partially correct, Contractor shall promptly submit a technical and cost proposal to amend the Contract to permit acceptance of the affected material in accordance with the revised requirements, and an equitable reduction in the pricing set forth in this Section 7.1Schedule D Payment Summary shall promptly be negotiated by the parties and reflected in a Change Order. 9.5 If Contractor becomes aware at any time before acceptance by CTDOT (whether before or after tender to CTDOT) that a deficiency exists in any material, Contractor shallhe shall promptly correct the deficiency or, subject if he elects 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 invoke the Project procedures 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 servicesection 11.1 above, Contractor shall perform such Warranty Service promptly communicate information concerning the deficiency to CTDOT, in writing, together with detailed recommendation for corrective action. 9.6 In no event shall CTDOT be responsible for extension or delays in the scheduled deliveries or periods of performance under this Contract as soon as Owner deems it prudent a result of Contractor’s obligations 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 Ownercorrect deficiencies, nor shall there be any other provision of this Agreement, nor partial or entire use or possession adjustment of the Work delivery schedule or period of performance as a result of such correction of deficiencies, except as may be agreed to by Owner CTDOT, in a Change Order. 9.7 It is hereby specifically recognized and agreed by the parties hereto that this clause shall relieve not be construed as obligating CTDOT to increase the pricing set forth in Schedule D Payment Summary. 9.8 When CTDOT returns material to Contractor of liability with respect for correction or replacement pursuant to this section, Contractor shall be liable for transportation charges up to an amount equal to the Warranty contained cost of transportation by the usual commercial method of shipment from the designated destination point under this Contract to Contractor’s plant, in this Article VIIaddition to any charges provided for by section 9.9 below. Contractor shall also bear all costs the responsibility and expenses directly associated the risk of loss for the material while in transit. 9.9 When compliance with the Warranty Services, including, all costs this Article by Contractor involves shipment of services and equipment and of any necessary disassembly, removal, replacement, transportation, reassembly, reinstallation, and retesting, as well as reworking, repair corrected or replacement of such Workmaterial from Contractor to CTDOT, and reassembly of structures, electrical work, machinery, Equipment, or any other obstruction as necessary Contractor shall be liable for transportation charges up to give access an amount equal to the non-conforming item for correction, and for removal, repair or replacement cost of any damage to other work or property that arises transportation by the usual commercial method of shipment from the breach of Warranty Contractor’s plant to the designated destination point under this Contract, in addition to any charges provided for by section 9.8. above. Contractor shall also bear the responsibility 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 loss for 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 Periodmaterial while in transit.

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 (a) Seller shall, upon discovery or Equipment or Spare Part is in breach other notification of any Warranty set forth in this Section 7.1Defective Work, Contractor shallat its sole cost and expense (including the cost of labor and equipment), subject use all commercially reasonable efforts to Section 7.2, cure such breach as promptly as practicable upon being given written notice thereof correct the Defective Work and repair or replace any defective part or equipment with materials of new and good quality (the “Warranty Service”). If Seller fails to complete the correction of any Defective Work of which it has been notified or which it has discovered, including the repair or replacement of defective parts or equipment, within a reasonable period of time, which shall not in any case be less than __ weeks, Owner may notify Seller in writing that it intends to initiate required repairs one week after the date of notice. If Seller fails to promptly initiate the required Warranty Service after such notice, Owner may proceed to have the necessary repairs made and Seller shall provide Contractor with be responsible for the reasonable access costs and expenses incurred by Owner for such repairs. Any part or equipment that is repaired or replaced under the Warranty and all associated labor shall be covered by the Warranty for a term equal to the Project greater of one (1) year from completion of repairs or the remaining Warranty Period. (b) In the event Seller becomes aware during the Warranty Period of a design, manufacturing, component or other defect occurring in order twenty percent (20%) or more of the Wind Turbines installed at the Site, or twenty percent (20%) or more of wind turbine generators in operation which are manufactured by Seller, covered by a warranty from Seller similar to perform its obligation under this Article VII the Warranty, and have the same design or components as the Wind Turbines, and which defect, if occurring in any of the Wind Turbines would constitute Defective Work, Seller shall devise a plan for correction of the defect or possible defect in all of the Wind Turbines if it would reasonably be expected to be present therein, at Seller’s expense, and the Parties shall schedule agree on the means for implementation of the plan. All 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 performed 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 Ownerat Seller’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 Periodexpense.

Correction of Deficiencies. If 9.1 In addition to the Work Conditional Acceptance process, if CTDOT determines that a deficiency exists in the rail cars or Equipment any of the spare parts or Spare Part is other materials and deliverables accepted by CTDOT under this Contract, CTDOT shall promptly notify Contractor of the deficiency, in breach writing, within ten (10) days. Upon timely notification of the existence of such a deficiency, or if Contractor independently discovers a deficiency in accepted material, Contractor shall promptly submit to CTDOT in writing within ten (10) days his recommendation for corrective actions, together with supporting information in sufficient detail for CTDOT to determine what corrective action, if any, shall be undertaken. 9.2 Within ten (10) days after receipt of Contractor’s recommendations for corrective action and adequate supporting information, CTDOT shall give Contractor written notice not to correct any Warranty deficiency, or to correct or partially correct any deficiency within a reasonable amount of time and at a specified location. 9.3 Contractor shall promptly comply with any timely written direction by CTDOT to correct or partially correct a deficiency, at no increase in cost to CTDOT. Contractor shall also prepare and furnish to CTDOT data and reports applicable to any correction required under this section (including revision and updating of all other affected data called for under this Contract) at no increase in the Contract price. 9.4 In the event of timely notice of a decision not to correct or only to partially correct, Contractor shall promptly submit a technical and cost proposal to amend the Contract to permit acceptance of the affected material in accordance with the revised requirements, and an equitable reduction in the pricing set forth in Schedule D Payment Summary shall promptly be negotiated by the parties and reflected in a supplemental agreement to this Section 7.1Contract. 9.5 If Contractor becomes aware at any time before acceptance by CTDOT (whether before or after tender to CTDOT) that a deficiency exists in any material, Contractor shallhe shall promptly correct the deficiency or, subject if he elects 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 invoke the Project procedures 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 servicesection 11.1 above, Contractor shall perform such Warranty Service promptly communicate information concerning the deficiency to CTDOT, in writing, together with detailed recommendation for corrective action. 9.6 In no event shall CTDOT be responsible for extension or delays in the scheduled deliveries or periods of performance under this Contract as soon as Owner deems it prudent a result of Contractor’s obligations 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 Ownercorrect deficiencies, nor shall there be any other provision of this Agreement, nor partial or entire use or possession adjustment of the Work delivery schedule or period of performance as a result of such correction of deficiencies, except as may be agreed to by Owner CTDOT, in a supplemental agreement with adequate consideration. 9.7 It is hereby specifically recognized and agreed by the parties hereto that this clause shall relieve not be construed as obligating CTDOT to increase the pricing set forth in Schedule D Payment Summary. 9.8 When CTDOT returns material to Contractor of liability with respect for correction or replacement pursuant to this section, Contractor shall be liable for transportation charges up to an amount equal to the Warranty contained cost of transportation by the usual commercial method of shipment from the designated destination point under this Contract to Contractor’s plant, in this Article VIIaddition to any charges provided for by section 9.9 below. Contractor shall also bear all costs the responsibility and expenses directly associated the risk of loss for the material while in transit. 9.9 When compliance with the Warranty Services, including, all costs this Article by Contractor involves shipment of services and equipment and of any necessary disassembly, removal, replacement, transportation, reassembly, reinstallation, and retesting, as well as reworking, repair corrected or replacement of such Workmaterial from Contractor to CTDOT, and reassembly of structures, electrical work, machinery, Equipment, or any other obstruction as necessary Contractor shall be liable for transportation charges up to give access an amount equal to the non-conforming item for correction, and for removal, repair or replacement cost of any damage to other work or property that arises transportation by the usual commercial method of shipment from the breach Contractor’s plant to the designated destination point under this Contract, in addition to any charges provided for by section 9.8. above. Contractor shall also bear the responsibility and the risk 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. loss for the material while in transit. 9.10 If Contractor is obligated fails or refuses to repair(a) Correct the material, 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.or

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.