Common use of Tear-Out Clause in Contracts

Tear-Out. In the event GEC requests Contractor to tear out Work to permit LIMA/GEC/EPC 17 Confidential Business Information GEC to inspect previously covered Work, and (i) such tear-out is required as a result of Contractor’s failure to notify GEC that Work was ready for GEC inspection and GEC had timely notified Contractor of its desire to make such inspection and GEC was entitled to inspect the Work in question under the Agreement or (ii) the Work inspected is defective, then Contractor shall bear the cost of such tear-out, repair and replacement. In all other cases, GEC shall bear such costs and GEC shall execute a Change to make appropriate adjustments under the Agreement as provided in Section 6.5. covering such costs and granting a time extension, if appropriate.

Appears in 4 contracts

Samples: Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement (USA Synthetic Fuel Corp), Engineering, Procurement and Construction Agreement (USA Synthetic Fuel Corp)

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Tear-Out. In the event GEC requests Contractor to tear out Work to permit LIMA/GEC/EPC 17 Confidential Business Information GEC to inspect previously covered Work, and (i) such tear-out is required as a result of Contractor’s failure to notify GEC that Work was ready for GEC inspection and GEC had timely notified Contractor of its desire to make such inspection and GEC was entitled to inspect the Work in question under the Agreement or (ii) the Work inspected is defective, then Contractor shall bear the cost of such tear-out, repair and replacement. In all other cases, GEC shall bear such costs and GEC shall execute a Change to make appropriate adjustments under the Agreement as provided in Section 6.5. covering such costs and granting a time extension, if appropriate.. GEC/ICC/EPC 17 Confidential Business Information

Appears in 2 contracts

Samples: Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement (Global Energy, Inc.)

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