Common use of Repairs or Replacement Clause in Contracts

Repairs or Replacement. 22 Any damage to existing conditions, or to any other improvement or property above or below the surface of the 23 ground, whether private or public, arising from performance of this contract by the Entity or any party for 24 whom the Entity is liable, shall be repaired within forty-eight (48) hours by the Entity without expense to the 25 District (subject to coverage under insurance required to be procured by a party under this Lease and then in 26 accordance with all applicable provisions in this Lease related to such insurance), unless disruption of school 27 operation or creation of a safety hazard has occurred, in which case damage will be corrected immediately. If 28 the work cannot be completed within forty-eight (48) hours, then the Entity must be able to show substantial 29 progress toward completion within that time frame. 30 31 If, in the opinion of the Architect, the best interest of the District requires that repairs be made prior to the 32 execution of any further work, the District’s Representative will so notify the Entity who shall delay or 33 discontinue that part of the Work until the necessary repair has been made. Such delay shall be considered 34 non-compensable. 35 36 Upon the failure of the Entity to comply with any such order, or upon the Entity’s failure to make immediate 37 emergency repairs which are necessary to protect the Work, the District shall do that work itself as is 38 necessary to protect life and property, in its sole discretion, and deduct the total cost of such work from the 39 next Lease Payment. No prior notice to the Entity shall be necessary for the District to take this action. 40

Repairs or Replacement. 22 Any damage to existing conditions, or to any other improvement or property above or below the surface of the 23 ground, whether private or public, arising from performance of this contract by the Entity or any party for whom 24 whom the Entity is liable, shall be repaired within forty-eight (48) hours by the Entity without expense to the District 25 District (subject to coverage under insurance required to be procured by a party under this Lease and then in accordance 26 accordance with all applicable provisions in this Lease related to such insurance), unless disruption of school 27 operation or 27 creation of a safety hazard has occurred, in which case damage will be corrected immediately. If 28 the work cannot 28 be completed within forty-eight (48) hours, then the Entity must be able to show substantial 29 progress toward 29 completion within that time frame. 30 31 If, in the opinion of the Architect, the best interest of the District requires that repairs be made prior to the 32 execution of any further work, the District’s Representative will so notify the Entity who shall delay or 33 discontinue that part of the Work until the necessary repair has been made. Such delay shall be considered 34 non-compensable. 35 non- 36 Upon the failure of the Entity to comply with any such order, or upon the Entity’s failure to make immediate 37 emergency repairs which are necessary to protect the Work, the District shall do that work itself as is necessary 38 necessary to protect life and property, in its sole discretion, and deduct the total cost of such work from the 39 next Lease 39 Payment. No prior notice to the Entity shall be necessary for the District to take this action. 40

Repairs or Replacement. 22 18 Any damage to existing conditions, or to any other improvement or property above or below the surface of the 23 19 ground, whether private or public, arising from performance of this contract by the Entity or any party for 24 20 whom the Entity is liable, shall be repaired within forty-eight (48) hours by the Entity without expense to the 25 21 District (subject to coverage under insurance required to be procured by a party under this Lease and then in 26 accordance with all applicable provisions in this Lease related 22 to such insurance), unless disruption of school 27 operation or creation of a safety hazard has occurred, in which case 23 damage will be corrected immediately. If 28 the work cannot be completed within forty-eight (48) hours, then the 24 Entity must be able to show substantial 29 progress toward completion within that time frame. 30 31 25 26 If, in the opinion of the Architect, the best interest of the District requires that repairs be made prior to the 32 27 execution of any further work, the District’s Representative will so notify the Entity who shall delay or 33 28 discontinue that part of the Work until the necessary repair has been made. Such delay shall be considered 34 29 non-compensable. 35 36 30 31 Upon the failure of the Entity to comply with any such order, or upon the Entity’s failure to make immediate 37 32 emergency repairs which are necessary to protect the Work, the District shall do that work itself as is 38 33 necessary to protect life and property, in its sole discretion, and deduct the total cost of such work from the 39 34 next Lease Payment. No prior notice to the Entity shall be necessary for the District to take this action. 4035

Repairs or Replacement. 22 21 Any damage to existing conditions, or to any other improvement or property above or below the 22 surface of the 23 ground, whether private or public, arising from performance of this contract by the 23 Entity or any party for 24 whom the Entity is liable, shall be repaired within forty-eight (48) hours by the 24 Entity without expense to the 25 District (subject to coverage under insurance required to be procured by a party under this Lease and then in 26 accordance with all 25 applicable provisions in this Lease related to such insurance), unless disruption of school 27 operation or 26 creation of a safety hazard has occurred, in which case damage will be corrected immediately. If 28 the 27 work cannot be completed within forty-eight (48) hours, then the Entity must be able to show 28 substantial 29 progress toward completion within that time frame. 30 31 If, in the opinion of the Architect, the best interest of the District requires that repairs be made prior 31 to the 32 execution of any further work, the District’s Representative will so notify the Entity who shall 32 delay or 33 discontinue that part of the Work until the necessary repair has been made. Such delay 33 shall be considered 34 non-compensable. 35 36 Upon the failure of the Entity to comply with any such order, or upon the Entity’s failure to make 36 immediate 37 emergency repairs which are necessary to protect the Work, the District shall do that 37 work itself as is 38 necessary to protect life and property, in its sole discretion, and deduct the total cost 38 of such work from the 39 next Lease Payment. No prior notice to the Entity shall be necessary for the 39 District to take this action. 40.