Right of Authority to Correct. In the event of the Developer’s failure, its General Contractor’s failure, or such Subcontractor’s failure, as applicable, to adhere to Section 12.1 within thirty (30) days after Developer receives notice of such Defective Work from the Authority (provided that, if the nature of such Defective Work is such that the same cannot reasonably be corrected, repaired or replaced within such thirty (30) day period, and Developer diligently commences to perform such work within such thirty (30) day period and thereafter diligently proceeds with such work, then such thirty (30) day period shall be extended for as long as reasonably necessary to complete such work) or in the event of an emergency or immediate threat to public safety, Developer shall as promptly as practicable correct, remove, or replace the Defective Work or, if Developer does not do so, the Authority may, in its sole and absolute discretion, notify Developer in writing and then the Authority may correct, remove, or replace the Defective Work. In such circumstances, the costs payable to the Developer shall be reduced by the actual cost incurred by the Authority to correct, remove or replace the Defective Work.
