ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.
ACCEPTANCE OF NONCONFORMING WORK. The Authority may, in its sole discretion, accept Work which is not in accordance with the requirements of the Contract Documents, rather than requiring its removal and correction, in which case the Guaranteed Maximum Price shall be reduced by Change Order in an equitable amount. Such adjustment shall be effected whether or not final payment to Contractor has been made.
ACCEPTANCE OF NONCONFORMING WORK. 9.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the GMP Contract Sum will be reduced, if appropriate, as determined by the Owner in its reasonable discretion. Such reduction will be effective whether or not final payment has been made.
ACCEPTANCE OF NONCONFORMING WORK. If the Owner prefers to accept Work that is defective or not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. The Owner shall never be obligated to accept defective or non-conforming Work, or damages for the difference in value between conforming and defective or nonconforming Work, and in all cases the Owner shall be entitled to full removal and correction of defective or non-conforming Work.
ACCEPTANCE OF NONCONFORMING WORK. If the City prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the GMP will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.
ACCEPTANCE OF NONCONFORMING WORK. If Webvan, in its sole discretion, elects to accept any completed portion of DC Project work which is not in accordance with the requirements of the Contract Documents for such DC Project, Webvan may do so instead of requiring its removal and correction, in which case the Approved Cost of the Work for such DC Project will be reduced as appropriate and equitable.
ACCEPTANCE OF NONCONFORMING WORK. 12.3.1 If Director prefers to accept work which is not in accordance with requirements of the Contract Documents, Director may do so only by issuance of Change Order, instead of requiring its removal and correction. CMAR and Director will mutually agree on the CGMP or GMP reduction, as applicable. The reduction will become effective even if final payment has been made.
ACCEPTANCE OF NONCONFORMING WORK. If the AOC prefers to accept any or all of the Work that is not in accordance with requirements of the Contract Documents, the AOC may do so instead of requiring its correction and/or removal, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment to the Contractor has been made.
ACCEPTANCE OF NONCONFORMING WORK. If the District prefers to accept any or all of the Work that is not in accordance with requirements of the Contract Documents, the District may do so instead of requiring its correction and/or removal, in which case the Stipulated Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not Final Payment to the Design/Builder has been made.
ACCEPTANCE OF NONCONFORMING WORK. If it is found at any time before or after completion of the Work that the Contractor has varied from the Contract Documents in materials, quality, form, finish, or in the amount or value of the materials or labor used, the Architect shall make a recommendation: that all such improper work should be removed, remade, and replaced, that all work disturbed by these changes be made good at the Contractor’s expense, and that the District deduct from any amount due Contractor that sum of money equivalent to the difference in value between the Work performed and that called for by the Drawings and Specifications. The Architect shall determine such difference in value. The District, at its option, may pursue either course unless correction is required by law.