Repair of Nonconforming Work Sample Clauses

Repair of Nonconforming Work. (a) If the Work or the ESS are found to contain Defects, or Contractor is otherwise in breach of any of the warranties set forth in Section 12.1 within the Warranty Period, Contractor shall at its sole cost and expense and without reimbursement hereunder, correct, repair or replace such Defect or otherwise cure such breach as promptly as practicable upon being given notice thereof. Company shall provide Contractor with reasonable access to the ESS in order to perform its obligation under this Article and the Parties shall schedule such corrections or replacements as necessary so as to minimize disruptions to the operation of the ESS. Contractor shall bear all costs and expenses associated with correcting any Defect or breach of Warranty, including necessary disassembly, transportation, reassembly and retesting, as well as reworking, repair or replacement of such Work, disassembly and reassembly of piping, ducts, machinery, Equipment or other Work as necessary to give access to improper, defective or non-conforming Work and correction, removal or repair of any damage to other work or property that arises from the Defect. If Contractor is obligated to repair, replace or renew any Equipment, item or portion of the Work hereunder, Contractor will undertake a technical analysis of the problem and correct the “root cause” unless Contractor can demonstrate to Company’s satisfaction that there is not a risk of the reoccurrence of such problem. Contractor’s obligations under this Section 12.3 shall not be impaired or otherwise adversely affected by any actual or possible legal obligation or duty of any Vendor or Subcontractor to Contractor or Company concerning any Defect or breach of Warranty. (b) If Contractor fails to complete or commence with due diligence to complete the correction of any Defect or cure of any breach of Warranty as required herein within [*****] after receipt of written request from Company to perform such obligations, then Company may correct or cause to be corrected such Defect or cure such breach of Warranty and Contractor shall be liable for all reasonable costs, charges, and expenses incurred by Company in connection therewith (including reasonable and necessary consultants’ fees), and Contractor shall, within [*****] after request therefore, pay to Company an amount equal to such costs, charges, and expenses. Any such request by Company shall be accompanied by proper documentation evidencing such costs, charges and expenses. Any amounts ...

Repair of Nonconforming Work. 2.5.1 If the City discovers a breach of the Warranties, the City will notify Consultant in writing of such failure promptly upon discovery. If, following investigation, Consultant determines that the Work or Equipment covered under the Warranties fails to conform to the Warranties as described in such notice from the City, Consultant shall, at its option, either repair or replace any defective parts including re- installation, at its own expense as promptly as possible. Consultant shall pay the cost of removing any defective Equipment, shipping and installation of replacement parts and the cost of reinstalling or replacing such Equipment and shall be entitled to any monetary reimbursement from the manufacturer for same. 2.5.2 Consultant’s Warranties herein do not cover damage, malfunction or services failures caused by: (i) the City’s failure to follow manufacturer’s guidelines, (ii) repair, service or modification by any party other than Consultant or a third party contracted by Consultant; (iii) abuse, neglect, misuse or negligent acts or omissions by someone other than Consultant;