Common use of Nonconforming and Defective Work Clause in Contracts

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. 28 13 6.7.1 If Nonconforming Work is discovered, ADOT will have the right, 29 14 exercisable in its sole discretion, to direct Developer, at Developer’s sole cost and 30 15 without Claim of any kind against ADOT, to rectify the Nonconforming Work so that it 31 16 complies with the Contract Documents. For the avoidance of doubt, ADOT's sole 32 17 discretion applies to its decision whether to require rectification of Nonconforming Work; 33 18 whether Nonconforming Work has occurred is not a matter within ADOT's sole 34 discretion.sole 35 20 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 22 Developer or the Lead Subcontractor associated with its failure to perform the Work in 38 23 accordance with requirements of the Contract Documents (in addition to any other 39 24 adjustment of the Price or Monthly Disbursement), plus the net present value of 100% 40 25 of any increase in costs ADOT will incur during the term of this Agreement to operate 11 any sums owed by ADOT 26 the Project that is attributable to the Nonconforming Work. In determining Developer’s 27 cost savings, the Parties shall take into account: (a) all avoided costs of Developer, 28 including avoided design, material, equipment, labor, construction, testing, 29 commissioning, acceptance and overhead costs and avoided costs due to time savings; 30 and (b) the net present value of increases, if any, in maintenance and Capital Asset 31 Replacement Work costs that Developer pursuant to this Agreement. 12 6.7.3 Subject to Sections 20.9 and 20.10, nothing contained in will incur as a result of 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 Nonconforming 33 value shall be in addition to any other rights or remedies 16 ADOT may have hereunder or under Law.determined by using as the discount rate the then-applicable yield on

Nonconforming and Defective Work. 28 30 6.7.1 If Nonconforming Work is discovered, ADOT will have the right, 29 31 exercisable in its sole discretion, to direct Developer, at Developer’s sole cost and 30 32 without Claim of any kind against ADOT, to rectify the Nonconforming Work so that it 31 33 complies with the Contract Documents. For the avoidance of doubt, ADOT's sole 32 34 discretion applies to its decision whether to require rectification of Nonconforming Work; 33 35 whether Nonconforming Work has occurred is not a matter within ADOT's sole 34 36 discretion. 35 37 6.7.2 If, at Developer’s request, ADOT elects to accept Nonconforming 36 38 Work, ADOT may recover from Developer 100% of the cost savings, if any, of 37 39 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 14 any sums owed by ADOT to Developer pursuant to this Agreement. 12 15 6.7.3 Subject to Sections 20.9 and 20.10, nothing contained in the Contract 13 16 Documents shall in any way limit the right of ADOT to assert claims for damages 14 17 resulting from patent or latent defects in the Work for the period of limitations prescribed 15 18 by applicable Law, and the foregoing shall be in addition to any other rights or remedies 16 19 ADOT may have hereunder or under Law.