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 Facilities is defective, and the defective condition presents a risk of injury to persons or damage to the Managed Facilities or other property, or results in non-compliance with Applicable Law, then Manager shall have the authority to, at Owner’s expense, perform all work necessary to remedy such design or construction defect in the Managed Facilities. Owner acknowledges that such work shall be performed at Owner’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 Facilities Manager Operated Areas is defective, and the defective condition presents a risk of injury to persons or damage to the Managed Facilities Manager Operated Areas or other property, or results in non-compliance with the System Standards or Applicable Law, then Manager shall have the authority to, at Owner’s expense, to perform all work necessary to remedy such design or construction defect in the Managed FacilitiesManager Operated Areas. Owner Tenant acknowledges that such work shall be performed at OwnerTenant’s expense and that Manager shall not use funds in the Operating Account in remedying such defectsexpense.

Remediation of Design or Construction Defect. If the design or construction of the Managed Facilities is defective, and the defective condition presents a risk of injury to persons or damage to the Managed Facilities or other property, or results in non-compliance with Applicable Law, then Manager Owner shall have the authority to, at Owner’s expense, perform cause to be performed all work necessary to remedy such design or construction defect in the Managed FacilitiesFacilities as expeditiously as reasonably possible. Owner acknowledges that such work shall be performed at Owner’s expense and that Manager shall Owner may not use funds in the Operating Account or the Reserve Fund in remedying such defects.