Rectification of defective work. (a) RTA may, at any time prior to the expiration of the Defects Correction Period, issue a Rectification Notice directing the Alliance to carry out Rectification Work in relation to a Defect.
(b) On receipt of a Rectification Notice, the Alliance will carry out the Rectification Work within the period stated in the Rectification Notice and in accordance with any other requirement stated in the Rectification Notice.
(c) RTA will be entitled to rectify a Defect itself or engage others to do the Rectification Work if RTA considers that:
(i) the Rectification Work must be carried out urgently for safety reasons or other reasons of urgency; or
(ii) the Alliance will not be able to undertake or has not undertaken the Rectification Work in the time and/or manner specified in a Rectification Notice.
(d) The ALT must, within a reasonable time after Completion, determine any amount which should be either:
(i) withheld until the Date of Final Completion from a Participant's payment of the Fee and/or initial distribution of Gainshare determined in accordance with the Commercial Framework; or
(ii) deducted from any final payment of the Fee or Gainshare payable to that Participant in accordance with the Commercial Framework, in order to ensure that the obligations of the NOPs in relation to Rectification Work are completed or that RTA is compensated in accordance with the Commercial Framework.
Rectification of defective work a) damage to; or
b) any expenditure incurred by you for the removal, repair, adjustment, alteration, reinstatement, withdrawal, inspection or disposal of any property (including any part of the property) furnished in connection with performance of work away as a result of any defect (suspected or known) therein or any unsuitability for its intended purpose.
