Common use of Remediation of Design or Construction Defect Clause in Contracts

Remediation of Design or Construction Defect. If the design or construction of the Managed Facility is defective, and the defective condition presents a risk of injury to persons or damage to the Managed Facility or other property, or results in non-compliance with Applicable Law or the terms of the Lease, then Manager shall have the authority (subject to the terms of the Lease) to, at Tenant’s expense, perform all work necessary to remedy such design or construction defect in the Managed Facility. Tenant acknowledges that such work shall be performed at Tenant’s expense and that Manager shall not use funds in the Operating Account in remedying such defects.

Remediation of Design or Construction Defect. If the design or construction of the Managed Facility Facilities is defective, and the defective condition presents a risk of injury to persons or damage to the Managed Facility Facilities or other property, or results in non-compliance with Applicable Law or the terms of the Master Lease, then Manager shall have the authority (subject to the terms of the Master Lease) to, at Tenant’s expense, perform all work necessary to remedy such design or construction defect in the Managed FacilityFacilities. Tenant acknowledges that such work shall be performed at Tenant’s expense and that Manager shall not use funds in the Operating Account in remedying such defects.