Common use of Nonconforming and Defective D&C Work Clause in Contracts

Nonconforming and Defective D&C Work. (a) The Development Entity shall be responsible for the rectification of all Nonconforming D&C Work and Defects, including, to the extent necessary, through removal and/or replacement, whether discovered by the Development Entity or by the Department. For the avoidance of doubt, performance of any Required Actions in accordance with Section 25.3 (Action by Department) shall not in any respect diminish or derogate from the Development Entity’s obligations under this Section 7.2 (Nonconforming and Defective D&C Work).

Nonconforming and Defective D&C Work. (a) The Development Entity shall be responsible for the rectification of all Nonconforming D&C Work and Defects, including, to the extent necessary, through removal and/or replacement, whether discovered by the Development Entity or by Entity, the Department, the Borough or any other Governmental Entity that has jurisdiction. For the avoidance of doubt, performance of any Required Actions in accordance with Section 25.3 (Action by Department) shall not in any respect diminish or derogate from the Development Entity’s obligations under this Section 7.2 (Nonconforming and Defective D&C Work).