Increased Monitoring and Reporting. If the City is of the opinion, acting reasonably, that there are defects in the Project Work or that Design-Builder has failed to comply, in any material respect, or in cases of reoccurring and failed mitigation attempts at correcting reoccurring defects, with the requirements of this Agreement, the City may, without prejudice to any other right or remedy available to it, by notice to Design-Builder, increase the level and frequency of Design-Builder’s reporting and monitoring of its own performance of its obligations under this Agreement to such level until such time as Design-Builder shall have demonstrated, to the City’s satisfaction, that it is capable of performing and will perform, in all material respects, its obligations under this Agreement.
Increased Monitoring and Reporting. If the City is of the opinion, acting reasonably, that there are defects in the Project Work or that Project Co has failed to comply, in any material respect, with the requirements of this Agreement, the City may, without prejudice to any other right or remedy available to it, by notice to Project Co, increase the level and frequency of Project Co’s reporting and monitoring of its own performance of its obligations under this Agreement to such level as the City considers reasonable taking into account the nature of the relevant defect or failure until such time as Project Co shall have demonstrated, to the City’s satisfaction, that it is capable of performing and will perform, in all material respects, its obligations under this Agreement.
