Common use of Correction of Nonconforming Work Clause in Contracts

Correction of Nonconforming Work. 5.9.1.1. Subject to Section 5.9.2, Maintenance Contractor shall correct Nonconforming Work so as to conform to the requirements of the COMA Documents, at Maintenance Contractor’s cost. The fact that TxDOT may not have discovered the Nonconforming Work shall not relieve the Maintenance Contractor of its responsibilities to correct such Nonconforming Work. 5.9.1.2. If Maintenance Contractor fails to correct any Nonconforming Work within the Cure Period set forth in Exhibit 8 to this Comprehensive Maintenance Agreement (or, if no such Cure Period applies to the Nonconforming Work, then within 30 days after Maintenance Contractor obtains knowledge or receives notice thereof), then TxDOT may cause the Nonconforming Work to be corrected. Maintenance Contractor shall reimburse TxDOT, within ten days after delivery of an invoice to Maintenance Contractor, for TxDOT’s Recoverable Costs of remedying or removing and replacing such Nonconforming Work. Alternatively, TxDOT, in its sole discretion, may deduct TxDOT’s Recoverable Costs from any sums TxDOT owes to Maintenance Contractor pursuant to this Comprehensive Maintenance Agreement. TxDOT’s right to correct Nonconforming Work at Maintenance Contractor’s expense is in addition to any Noncompliance Charges that Maintenance Contractor may owe on account of Maintenance Contractor’s failure to correct.

Correction of Nonconforming Work. 5.9.1.1. Subject to Section 5.9.2, Maintenance Contractor shall correct Nonconforming Work so as to conform to the requirements of the COMA Documents, at Maintenance Contractor’s cost. The fact that TxDOT may not have discovered the Nonconforming Work shall not relieve the Maintenance Contractor of its responsibilities to correct such Nonconforming Work. 5.9.1.2. If Maintenance Contractor fails to correct any Nonconforming Work within the Cure Period set forth in Exhibit 8 16 to this Comprehensive Maintenance Agreement (or, if no such Cure Period applies to the Nonconforming Work, then within 30 days after Maintenance Contractor obtains knowledge or receives notice thereof), then TxDOT may cause the Nonconforming Work to be corrected. Maintenance Contractor shall reimburse TxDOT, within ten days after delivery of an invoice to Maintenance Contractor, for TxDOT’s Recoverable Costs of remedying or removing and replacing such Nonconforming Work. Alternatively, TxDOT, in its sole discretion, may deduct TxDOT’s Recoverable Costs from any sums TxDOT owes to Maintenance Contractor pursuant to this Comprehensive Maintenance Agreement. TxDOT’s right to correct Nonconforming Work at Maintenance Contractor’s expense is in addition to any Noncompliance Charges that Maintenance Contractor may owe on account of Maintenance Contractor’s failure to correct.

Correction of Nonconforming Work. 5.9.1.1. Subject to Section 5.9.2, Maintenance Contractor shall correct Nonconforming Work so as to conform to the requirements of the COMA Documents, at Maintenance Contractor’s cost. The fact that TxDOT may not have discovered the Nonconforming Work shall not relieve the Maintenance Contractor of its responsibilities to correct such Nonconforming Work. 5.9.1.2. If Maintenance Contractor fails to correct any Nonconforming Work within the Cure Period set forth in Attachment 1 to Exhibit 8 2 to this Comprehensive Maintenance Agreement (or, if no such Cure Period applies to the Nonconforming Work, then within 30 days after Maintenance Contractor obtains knowledge or receives notice thereof), then TxDOT may cause the Nonconforming Work to be corrected. Maintenance Contractor shall reimburse TxDOT, within ten days after delivery of an invoice to Maintenance Contractor, for TxDOT’s Recoverable Costs of remedying or removing and replacing such Nonconforming Work. Alternatively, TxDOT, in its sole discretion, may deduct TxDOT’s Recoverable Costs from any sums TxDOT owes to Maintenance Contractor pursuant to this Comprehensive Maintenance Agreement. TxDOT’s right to correct Nonconforming Work at Maintenance Contractor’s expense is in addition to any Noncompliance Charges that Maintenance Contractor may owe on account of Maintenance Contractor’s failure to correct.