Common use of Obligation to Uncover Finished Work Clause in Contracts

Obligation to Uncover Finished Work. DB Contractor shall inform TxDOT in writing of any part of the Work which is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, DB Contractor shall remove or uncover such portions of the finished Work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor shall restore the Work to the standard required by the Contract Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at DB Contractor’s cost and DB Contractor shall not be entitled to any adjustment to the Price or any Completion Deadline or any other relief. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with Contract Documents and/or Project Management Plan may be ordered uncovered, removed or restored at DB Contractor’s cost and without an adjustment to the Price or any Completion Deadline or any other relief, even if the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 is in conformance with the requirements of the Contract Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- Caused Delay, and DB Contractor shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.

Obligation to Uncover Finished Work. DB Contractor Developer shall inform TxDOT in writing of any part of the Work which is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, DB Contractor Developer shall remove or uncover such portions of the finished Work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor Developer shall restore the Work to the standard required by the Contract Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at DB ContractorDeveloper’s cost and DB Contractor Developer shall not be entitled to any adjustment to the Price or any Completion Deadline or any other relief. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with Contract Documents and/or Project Management Plan may be ordered uncovered, removed or restored at DB ContractorDeveloper’s cost and without an adjustment to the Price or any Completion Deadline or any other relief, even if the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 is in conformance with the requirements of the Contract Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- Caused Delay, and DB Contractor Developer shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.

Obligation to Uncover Finished Work. DB Contractor Developer shall inform TxDOT in writing of any part of the Construction Work, Renewal Work which or work required to meet Handback Requirements that is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, DB Contractor Developer shall remove or uncover such portions of the finished Work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor Developer shall restore the Work to the standard required by the Contract Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at DB ContractorDeveloper’s cost and DB Contractor Developer shall not be entitled to any adjustment to the Price or any Completion Deadline or any other relief. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with the Contract Documents and/or or Project Management Plan may be ordered uncovered, removed or restored at DB ContractorDeveloper’s cost and without an adjustment to the Price or any Completion Deadline or any other relief, even if the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 6.6.3 is in conformance with the requirements of the Contract Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- TxDOT-Caused Delay, and DB Contractor Developer shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.

Obligation to Uncover Finished Work. Whenever DB Contractor performs design work or construction work as part of the Maintenance Services such work shall be governed by the requirements for Design Work and Construction Work (each as defined in the Design-Build Contract). DB Contractor shall inform TxDOT in writing of any part of the Work which construction work to be performed under this Capital Maintenance Contract that is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test examine by inspection, testing, or other means such part of the Work work before it is covered. At all times before Final Acceptance, DB Contractor shall remove permit examination by TxDOT, including by removing or uncover such portions uncovering any part of the finished Work work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor shall restore the Work work to the standard required by the Contract CMC Documents. If the Work exposed or any work examined by TxDOT is found not to be in conformance with the requirements of the Contract CMC Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby all work at TxDOT’s direction shall be at DB Contractor’s cost and DB Contractor shall not be entitled to any adjustment to the Maintenance Price or any Completion Deadline or any other relief. Furthermore, if DB Contractor performs any Work done work or uses any materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with Contract Documents and/or Project Management Plan the CMC Documents, TxDOT may direct the work to be ordered uncovered, removed or restored at DB Contractor’s cost and without an adjustment to the Maintenance Price or any Completion Deadline or any other relief, even if TxDOT determines that all of the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 work is in conformance with the requirements of the Contract CMC Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- Caused Delay, and DB Contractor shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.

Obligation to Uncover Finished Work. DB Contractor shall inform TxDOT in writing of any part of the Work which is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, DB Contractor shall remove or uncover such portions of the finished Work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor shall restore the Work to the standard required by the Contract DBA Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract DBA Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at DB Contractor’s cost and DB Contractor shall not be entitled to any adjustment to the Price or any Completion Deadline or any other relief. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with Contract DBA Documents and/or Project Management Plan may be ordered uncovered, removed or restored at DB Contractor’s cost and without an adjustment to the Price or any Completion Deadline or any other relief, even if the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 is in conformance with the requirements of the Contract DBA Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- Caused Delay, and DB Contractor shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.

Obligation to Uncover Finished Work. DB Contractor shall inform TxDOT in writing of any part of the Work which is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, DB Contractor shall remove or uncover such portions of the finished Work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor shall restore the Work to the standard required by the Contract Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at DB Contractor’s cost and DB Contractor shall not be entitled to any adjustment to the Price or any Completion Deadline or any other relief. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with Contract Documents and/or Project Management Plan may be ordered uncovered, removed or restored at DB Contractor’s cost and without an adjustment to the Price or any Completion Deadline or any other relief, even if the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 is in conformance with the requirements of the Contract Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- TxDOT-Caused Delay, and DB Contractor shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.

Obligation to Uncover Finished Work. DB Contractor Developer shall inform TxDOT in writing of any part of the Work which is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, DB Contractor Developer shall remove or uncover such portions of the finished Work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor Developer shall restore the Work to the standard required by the Contract CDA Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract CDA Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at DB ContractorDeveloper’s cost and DB Contractor Developer shall not be entitled to any adjustment to the Price or any Completion Deadline or any other relief. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with Contract CDA Documents and/or Project Management Plan may be ordered uncovered, removed or restored at DB ContractorDeveloper’s cost and without an adjustment to the Price or any Completion Deadline or any other relief, even if the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 is in conformance with the requirements of the Contract CDA Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- TxDOT-Caused Delay, and DB Contractor Developer shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.

Obligation to Uncover Finished Work. DB Contractor shall inform TxDOT in writing of any part of the Work which that is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final AcceptanceAcceptance of each of Section 1A, Section 1B and Segment 2, DB Contractor shall remove or uncover such portions of the finished Work in each such Section or Segment, as applicable, as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor shall restore the Work to the standard required by the Contract Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at DB Contractor’s cost and DB Contractor shall not be entitled to any adjustment to the Price or any Completion Deadline or any other relief. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with Contract Documents and/or Project Management Plan may be ordered uncovered, removed or restored at DB Contractor’s cost and without an adjustment to the Price or any Completion Deadline or any other relief, even if the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 is in conformance with the requirements of the Contract Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- Caused Delay, and DB Contractor shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.

Obligation to Uncover Finished Work. DB Contractor shall inform TxDOT in writing of any part of the Work which is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, DB Contractor shall remove or uncover such portions of the finished Work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor shall restore the Work to the standard required by the Contract DBA Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract DBA Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at DB Contractor’s cost and DB Contractor shall not be entitled to any adjustment to the Price or any Completion Deadline or any other relief. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with Contract DBA Documents and/or Project Management Plan may be ordered uncovered, removed or restored at DB Contractor’s cost and without an adjustment to the Price or any Completion Deadline or any other relief, even if the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 is in conformance with the requirements of the Contract DBA Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- TxDOT-Caused Delay, and DB Contractor shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.

Obligation to Uncover Finished Work. Whenever DB Contractor performs design work or construction work as part of the Maintenance Services such work shall be governed by the requirements for Design Work and Construction Work (each as defined in the Design-Build Contract). DB Contractor shall inform TxDOT in writing of any part of the Work which construction work to be performed under this Capital Maintenance Contract that is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test examine by inspection, testing, or other means such part of the Work work before it is covered. At all times before Final Acceptance, DB Contractor shall remove permit examination by TxDOT, including by removing or uncover such portions uncovering any part of the finished Work work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor shall restore the Work work to the standard required by the Contract CMC Documents. DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8 If the Work exposed or any work examined by TxDOT is found not to be in conformance with the requirements of the Contract CMC Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby all work at TxDOT’s direction shall be at DB Contractor’s cost and DB Contractor shall not be entitled to any adjustment to the Maintenance Price or any Completion Deadline or any other relief. Furthermore, if DB Contractor performs any Work done work or uses any materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with Contract Documents and/or Project Management Plan the CMC Documents, TxDOT may direct the work to be ordered uncovered, removed or restored at DB Contractor’s cost and without an adjustment to the Maintenance Price or any Completion Deadline or any other relief, even if TxDOT determines that all of the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 work is in conformance with the requirements of the Contract CMC Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- Caused Delay, and DB Contractor shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.

Obligation to Uncover Finished Work. DB Contractor shall inform TxDOT in writing of any part of the Work which that is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, DB Contractor shall remove or uncover such portions of the finished Work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor shall restore the Work to the standard required by the Contract Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at DB Contractor’s cost and DB Contractor shall not be entitled to any adjustment to the Price or any Completion Deadline or any other relief. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with Contract Documents and/or Project Management Plan may be ordered uncovered, removed or restored at DB Contractor’s cost and without an adjustment to the Price or any Completion Deadline or any other relief, even if the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 is in conformance with the requirements of the Contract Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- Caused Delay, and DB Contractor shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.

Obligation to Uncover Finished Work. DB Contractor shall inform TxDOT in writing of any part of the Work which is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, DB Contractor shall remove or uncover such portions of the finished Construction Work as directed by TxDOTXXXX at any time before Final Acceptance. After examination by TxDOT VPRA and any other Persons designated by TxDOTVPRA examine the Work, DB Contractor shall restore the Work to the standard required by the Contract Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract Documents, then uncovering, removing removing, and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall or recovery thereof as a result of these activities will be at DB Contractor’s cost expense and DB Contractor shall not be entitled to any adjustment to the a Contract Price or any Completion Deadline or any other reliefadjustment. FurthermoreVPRA may also order Contractor to uncover, remove, and restore any Work done (i) that was performed or materials Materials that were used without adequate notice to and opportunity for prior inspection by TxDOT VPRA or (if applicableii) was performed past a Hold Point but did not receive proper Acceptance prior to proceeding. Any uncovering, removal, or without inspection in accordance with Contract Documents and/or Project Management Plan may restoration undertaken by Contractor will be ordered uncovered, removed or restored at DB Contractor’s cost expense and without an adjustment to the eligibility for a Contract Price or any Completion Deadline or any other reliefadjustment, even if the Work proves acceptable and conforming after uncovering. Except with respect for Work performed or Materials used without opportunity for inspection or past a Hold Point without Acceptance prior to Work done or materials used as described in the foregoing sentenceproceeding, if Work exposed or examined under this Section 5.4.3 6.3.3 of these General Terms and Conditions is in conformance with the requirements of the Contract Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- Caused Delay, and DB Contractor shall be entitled to a Change Order adjusting the Contract Price for the cost costs of such efforts performance of these activities and recovery a Completion Deadline adjustment for any delay, subject to the provisions and limitations of any delay to any Critical Path occasioned therebyArticle 14 of these General Terms and Conditions.

Obligation to Uncover Finished Work. DB Contractor Developer shall inform TxDOT in writing of any part of the Work which is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, DB Contractor Developer shall remove or uncover such portions of the finished Work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor Developer shall restore the Work to the standard required by the Contract Documents. If the Work exposed or examined is not in conformance with the requirements requirem ents of the Contract Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at DB ContractorDeveloper’s cost and DB Contractor Developer shall not be entitled to any adjustment to the Price or any Completion Deadline or any other relief. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with Contract Documents and/or Project Management Plan may be ordered uncovered, removed or restored at DB ContractorDeveloper’s cost and without an adjustment to the Price or any Completion Deadline or any other relief, even if the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 is in conformance with the requirements of the Contract Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- Caused Delay, and DB Contractor Developer shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.

Obligation to Uncover Finished Work. DB Contractor Developer shall inform TxDOT in writing of any part of the Construction Work, Renewal Work which or work required to meet Handback Requirements that is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, DB Contractor Developer shall remove or uncover such portions of the finished Work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor Developer shall restore the Work to the standard required by the Contract Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at DB ContractorDeveloper’s cost and DB Contractor Developer shall not be entitled to any adjustment to the Price or any Completion Deadline or any other relief. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with the Contract Documents and/or or Project Management Plan may be ordered uncovered, removed or restored at DB ContractorDeveloper’s cost and without an adjustment to the Price or any Completion Deadline or any other relief, even if the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 6.6.4 is in conformance with the requirements of the Contract Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- TxDOT-Caused Delay, and DB Contractor Developer shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.

Obligation to Uncover Finished Work. DB Contractor Integrator shall inform TxDOT in writing of any part of the Work which is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before any Final Acceptance, DB Contractor Integrator shall remove or uncover such portions of the finished Work as directed by TxDOT. After examination by the TxDOT and any other Persons designated by TxDOT, DB Contractor Integrator shall restore the Work to the standard required by the Contract Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at DB ContractorIntegrator’s cost and DB Contractor Integrator shall not be entitled to any adjustment to the Price or any Completion Deadline or any other relieftime extension. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with Contract Documents and/or Project Management Plan [TP Sections 2.2 and 8] may be ordered uncovered, removed or restored at DB ContractorIntegrator’s cost and without an adjustment to the Price or any Completion Deadline or any other reliefa time extension, even if the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentencesentences of this Section 5.4.3, if Work exposed or examined under this Section 5.4.3 is in conformance with the requirements of the Contract Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- TxDOT-Caused Delay, and DB Contractor Integrator shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby. Refer to Section 5.6 for provisions regarding payments owing by Integrator to TxDOT if TxDOT agrees (in its sole discretion) to accept certain Nonconforming Work.