Common use of Re-performance, Correction and Repair Clause in Contracts

Re-performance, Correction and Repair. If a Breach of Standards of Performance Notice is served on TSP during the applicable General Warranty Period, TSP, at its cost, shall promptly correct or re-perform any Work that does not comply with the TSP Standards of Performance, including the repair, replacement or modification of any item of material, equipment or Software so that it conforms to the TSP Standards of Performance, and shall promptly repair any damage to the Toll Facilities, Bridges or property of third parties to the extent caused by TSP’s failure to comply with the TSP Standards of Performance in order to return the same to its condition existing immediately prior to the damage. In the case of remedial Work to be performed by TSP hereunder, TSP shall provide all labor, supervision, equipment, tools and materials necessary to perform the remedial Work and shall bear all the expenses in connection therewith. The cost of all Work incidental to such remedy, including the removal, disassembly, replacement or reinstallation of conforming Work, materials or equipment, and the cost of transporting repaired items to and from the Project, shall be borne solely by TSP. TSP, also at its own cost, shall perform such tests (of the kinds included in the Work) as the Joint Board reasonably may require on any corrected or re-performed Work or on any reinstalled, replaced or modified item of material, equipment or Software to verify that it conforms to the TSP Standards of Performance. TSP shall perform all such remedial Work in a timely manner, and so as to minimize the revenue loss to the Joint Board and to avoid disruption of normal TCS operations, it being acknowledged by TSP that Work which fails to conform to the TSP Standards of Performance may have severe economic consequences to the Joint Board if such Work is not immediately remedied or repaired in accordance with the requirements hereof. TSP will use its best efforts to perform all such warranty work with respect to defective or non-conforming Work which materially and adversely affect operation of the TCS as expeditiously as possible. The corrected or re-performed Work and any repaired, replaced or modified item of material, equipment or Software shall meet all requirements of the TSP Standards of Performance.

Re-performance, Correction and Repair. If a Breach of Standards of Performance Notice is served on TSP during the applicable General Warranty Period, TSP, at its cost, shall promptly correct or re-perform any Work that does not comply with the TSP Standards of Performance, including the repair, replacement or modification of any item of material, equipment or Software so that it conforms to the TSP Standards of Performance, and shall promptly repair any damage to the Toll Facilities, Bridges or property of third parties to the extent caused by TSP’s failure to comply with the TSP Standards of Performance in order to return the same to its condition existing immediately prior to the damage. In the case of remedial Work to be performed by TSP hereunder, TSP shall provide all labor, supervision, equipment, tools and materials necessary to perform the remedial Work and shall bear all the expenses in connection therewith. The cost of all Work incidental to such remedy, including the removal, disassembly, replacement or reinstallation of conforming Work, materials or equipment, and the cost of transporting repaired items to and from the Project, shall be borne solely by TSP. TSP, also at its own cost, shall perform such tests (of the kinds included in the Work) as the Joint Board reasonably may require on any corrected or re-performed Work or on any reinstalled, replaced or modified item of material, equipment or Software to verify that it conforms to the TSP Standards of Performance. TSP shall perform all such remedial Work in a timely manner, and so as to minimize the revenue loss to the Joint Board and to avoid disruption of normal TCS operations, it being acknowledged by TSP that Work which fails to conform to the TSP Standards of Performance may have severe economic consequences to the Joint Board if such Work is not immediately remedied or repaired in accordance with the requirements hereof. TSP will use its best efforts to perform all such warranty work with respect to defective or non-conforming Work which materially and adversely affect operation of the TCS as expeditiously as possible. The corrected or re-performed Work and any repaired, replaced or modified item of material, equipment or Software shall meet all requirements of the TSP Standards of Performance.. Indiana Finance Authority/Joint Board 85. Toll Services Agreement LSIORB Toll Services Project Execution Version