Correction of Work Prior to Substantial Completion. If, prior to Substantial Completion of a Train any Work is Defective, then Contractor shall, at its own cost and expense, correct such Defective Work and any other portions of the Stage 3 Facility damaged or affected by such Defective Work, whether by repair, replacement or otherwise. Owner shall not direct how, or the timing of when, Contractor will perform such repair or replacement Work, and Contractor shall have the right to consider efficiency and cost concerns in scheduling such repair or replacement Work in preparing its plan for carrying out such repair or replacement Work, as long as its repair or replacement is performed and completed prior to Substantial Completion of the applicable Train, provided that if such Defective Work (1) relates to safety, (2) relates to Owner’s other contractors’ tie ins to the Stage 3 Facility or (3) impacts the operation of Train 1, Train 2, Train 3, Train 4, Train 5, Train 6 or Train 7 after Substantial Completion of the applicable Train, or Subproject 1, Subproject 2 or Subproject 3 after substantial completion of the applicable Subproject (as defined in the applicable Stage 1 EPC Agreement or Stage 2 EPC Agreement, as applicable), Contractor shall repair or replace such Defective Work within a reasonable time, provided further that if the Defective Work materially affects the operation or use of any Train that has achieved Substantial Completion or Subproject 1, Subproject 2 or Subproject 3 after it has achieved substantial completion under the Stage 1 EPC Agreement or Stage 2 EPC Agreement, as applicable, or presents an imminent threat to the safety or health of any Person, then Contractor shall commence to repair or replace the Defective Work within twenty-four (24) hours after receipt of notice of such Defective Work, and thereafter continue to 110 proceed diligently to complete the same. Subject to Contractor’s right to pursue a Dispute under Article 18, if (i) Owner, acting in good faith, determines such Defective Work (a) presents an imminent threat to the safety or health of any person (“Imminent Threat”), or (b) materially affects the operation of any Train that has achieved Substantial Completion or Subproject 1, Subproject 2 or Subproject 3 after it has achieved substantial completion under the Stage 1 EPC Agreement or Stage 2 EPC Agreement or (ii) a Governmental Instrumentality determines that the Work is Defective ((i) and (ii) collectively a “Conclusive Defect”), then the decision of Owner or Governme...
Correction of Work Prior to Substantial Completion
