Nonconforming and Defective Work. If Nonconforming Work is discovered, ADOT will have the right, 19 exercisable in its sole discretion, to direct Developer, at Developer’s sole cost and 20 without Claim of any kind against ADOT, to rectify the Nonconforming Work so that it 21 complies with the Contract Documents. For the avoidance of doubt, ADOT's sole 22 discretion applies to its decision whether to require rectification of Nonconforming Work; 23 whether Nonconforming Work has occurred is not a matter within ADOT's sole 24 discretion.
Nonconforming and Defective Work. 7.2.1 Developer shall be responsible for the rectification of all Nonconforming Work including, to the extent necessary, through removal and/or replacement, whether discovered by Developer or by the Authority.
7.2.2 Subject to Section 31.3 (Consequential Losses), nothing contained in the Project Documents shall in any way limit the right of the Authority to assert claims for damages resulting from Defects in the Works for the period of limitations prescribed by Applicable Law, and the foregoing shall be in addition to any other rights or remedies the Authority may have hereunder or under Applicable Law.
Nonconforming and Defective Work. 28 6.7.1 If Nonconforming Work is discovered, ADOT will have the right, 29 exercisable in its sole discretion, to direct Developer, at Developer’s sole cost and 30 without Claim of any kind against ADOT, to rectify the Nonconforming Work so that it 31 complies with the Contract Documents. For the avoidance of doubt, ADOT's sole 32 discretion applies to its decision whether to require rectification of Nonconforming Work; 33 whether Nonconforming Work has occurred is not a matter within ADOT's sole 34 discretion.
35 6.7.2 If, at Developer’s request, ADOT elects to accept Nonconforming 36 Work, ADOT may recover from Developer 100% of the cost savings, if any, of 37 Developer or the Lead Subcontractor associated with its failure to perform the Work in 38 accordance with requirements of the Contract Documents (in addition to any other 39 adjustment of the Price or Monthly Disbursement), plus the net present value of 100% 40 of any increase in costs ADOT will incur during the term of this Agreement to operate 11 any sums owed by ADOT to Developer pursuant to this Agreement.
12 6.7.3 Subject to Sections 20.9 and 20.10, nothing contained in the Contract 13 Documents shall in any way limit the right of ADOT to assert claims for damages 14 resulting from patent or latent defects in the Work for the period of limitations prescribed 15 by applicable Law, and the foregoing shall be in addition to any other rights or remedies 16 ADOT may have hereunder or under Law.
Nonconforming and Defective Work. 4.3.1 As directed by the Department in its sole discretion and as specified in the Contract Documents, the Developer shall be responsible for removing, replacing and otherwise correcting Nonconforming Work discovered by the Department. If the Department elects to accept Nonconforming Work, the Department may recover the amounts determined under [Section of Division __].
4.3.2 Subject to Section 18.2.11, nothing contained in the Contract Documents shall in any way limit the right of the Department to assert claims for damages resulting from patent or latent defects in the Work for the period of limitations prescribed by applicable Law, and the foregoing shall be in addition to any other rights or remedies the Department may have hereunder or under Law.
Nonconforming and Defective Work.
4.3.1 If Nonconforming Work is discovered, the Department shall have the right, in its sole discretion, to direct Developer, at Developer’s sole cost and without Claim of any kind against the Department, to remove, replace and otherwise correct the Nonconforming Work. If, at Developer’s request, the Department elects to accept Nonconforming Work, the Department may recover from Developer 100% of the cost savings of Developer or the Lead Contractor associated with its failure to perform the Work in accordance with requirements of the Contract Documents (in addition to any other adjustment of the Milestone Payment or Availability Payments). In determining cost savings, the Parties shall take into account (a) all avoided costs, including avoided design, material, equipment, labor, construction, testing, commissioning, acceptance and overhead costs and avoided costs due to time savings, (b) all the savings in financing costs associated with such avoided costs, and (c) the net present value of increases, if any, in operations, maintenance and Renewal Work costs that Developer will incur as a result of the Nonconforming Work. Developer shall bear the burden of proving such increased costs. Net present value shall be determined by using Developer’s then-current weighted average cost of capital as the discount rate. The Department shall have the right to deduct such cost savings from the Milestone Payment (subject to the Milestone Payment Adjustment Cap set forth in Appendix 4) and Availability Payments.
4.3.2 Subject to Section 18.2.13, nothing contained in the Contract Documents shall in any way limit the right of the Department to assert claims for damages resulting from patent or latent defects in the Work for the period of limitations prescribed by applicable Law, and the foregoing shall be in addition to any other rights or remedies the Department may have hereunder or under Law.
Nonconforming and Defective Work. 4.3.1 If Nonconforming Work is discovered, the Department shall have the right, in its sole discretion, to direct Developer, at Developer’s sole cost and without Claim of any kind against the Department, to remove, replace and otherwise correct the Nonconforming Work. If the Department elects to accept Nonconforming Work, the Department may recover from Developer 100% of the cost savings of Developer or the Lead Contractor associated with its failure to perform the Work in accordance with requirements of the Contract Documents (in addition to any other adjustment of the Milestone Payment or Availability Payments). In determining cost savings, the Parties shall take into account (a) all avoided costs, including avoided design, material, equipment, labor, construction, testing, commissioning, acceptance and overhead costs and avoided costs due to time savings, (b) all the savings in financing costs associated with such avoided costs, and (c) the net present value of increases, if any, in operations, maintenance and Renewal Work costs that Developer will incur as a result of the Nonconforming Work. Developer shall bear the burden of proving such increased costs. Net present value shall be determined by using the Original Equity IRR as the discount rate.
4.3.2 Subject to Section 18.2.13, nothing contained in the Contract Documents shall in any way limit the right of the Department to assert claims for damages resulting from patent or latent defects in the Work for the period of limitations prescribed by applicable Law, and the foregoing shall be in addition to any other rights or remedies the Department may have hereunder or under Law.
Nonconforming and Defective Work. 6.6.1 If Nonconforming Work is discovered, KYTC will have the right, exercisable in its sole discretion, to direct DBT, at DBT’s sole cost and without the right to an increase in the Contract Price, a Completion Deadline adjustment or a Claim of any kind, to rectify the Nonconforming Work so that it complies with the Contract Documents. For the avoidance of doubt, KYTC's sole discretion applies to its decision whether to require rectification of Nonconforming Work; whether Nonconforming Work has occurred is not a matter within KYTC's sole discretion.
6.6.2 If, at DBT’s request, KYTC elects to accept Nonconforming Work, KYTC may recover from DBT 100% of the cost savings, if any, of DBT associated with its failure to perform the Work in accordance with requirements of the Contract Documents (in addition to any other adjustment of the Contract Price), plus the amount of any increase in costs KYTC will incur to operate and maintain the Project after Substantial Completion that is attributable to the Nonconforming Work. In determining DBT’s cost savings, the Parties shall take into account all avoided costs of DBT, including avoided design, material, equipment, labor, construction, testing, commissioning, acceptance and overhead costs, and avoided costs due to time savings. KYTC will have the right to deduct such cost savings from any sums owed by KYTC to DBT pursuant to this Agreement.
6.6.3 Nothing contained in the Contract Documents shall in any way limit the right of KYTC to assert claims for damages resulting from patent or latent defects in the Work for the period of limitations prescribed by applicable Law, and the foregoing shall be in addition to any other rights or remedies KYTC may have hereunder or under Law.
Nonconforming and Defective Work. 6.7.1 If Nonconforming Work is discovered, ADOT will have the right,
6.7.2 If, at Developer’s request, ADOT elects to accept Nonconforming
6.7.3 Subject to Sections 20.9 and 20.10, nothing contained in the Contract Documents shall in any way limit the right of ADOT to assert claims for damages resulting from patent or latent defects in the Work for the period of limitations prescribed by applicable Law, and the foregoing shall be in addition to any other rights or remedies ADOT may have hereunder or under Law.
Nonconforming and Defective Work. 6.6.1 If Nonconforming Work is discovered, KYTC will have the right, exercisable in its sole discretion, to direct DBT, at DBT’s sole cost and without the right to an increase in the Contract Price, a Completion Deadline adjustment or a Claim of any kind, to rectify the Nonconforming Work so that it complies with the Contract Documents. For the avoidance of doubt, KYTC's sole discretion applies to its decision whether to require rectification of Nonconforming Work; whether Nonconforming Work has occurred is not a matter within KYTC's sole discretion.
6.6.2 If, at DBT’s request, KYTC elects to accept Nonconforming Work, KYTC may recover from DBT 100% of the cost savings, if any, of DBT associated with its failure to perform the Work in accordance with requirements of the Contract Documents (in addition to any other adjustment of the Contract Price), plus the amount of any increase in costs KYTC will incur to operate and maintain the Project after Substantial Completion that is attributable to the Nonconforming Work. In determining DBT’s cost savings, the Parties shall take into account all avoided costs of DBT, including avoided design, material, equipment, labor,
Nonconforming and Defective Work. (a) The Developer shall rectify all Nonconforming Work and Defects, including, to the extent necessary, through removal or replacement, whether discovered by the Developer or the District.
(b) Neither (i) the performance of any Required Action in accordance with Section 50.3 (Required Action by the District) nor (ii) the District’s acceptance of the Developer Proposal will in any respect diminish or derogate from the Developer’s obligations under this Section 15.2 (Nonconforming and Defective Work).
(c) Subject to Section 57.2 (Consequential Losses), nothing contained in this Agreement in any way limits the right of the District to assert claims for damages resulting from Defects in the Work for the period of limitations prescribed by Applicable Law, and the obligations of the Developer under this Section 15.2 (Nonconforming and Defective Work) are in addition to any other rights or remedies the District may have under this Agreement or under Applicable Law.
