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construed to be an acceptance of the corrective Work, or an authorization for a Change <br /> Order to cover the corrective Work. Contractor waives any such Contract Claim by failing <br /> to maintain accurate and complete Force Account records. <br /> C. Retention of Defective Work <br /> 1. In its sole discretion, the Owner may retain Work that is not in compliance with the <br /> Contract. <br /> 2. The Owner will determine the just and reasonable value for such defective and/or <br /> noncompliant Work and deductions will be made in the payments due or to become <br /> due to the Contractor. <br /> 3. Final Acceptance will not act as a waiver of the Owner's right to recover from the <br /> Contractor an amount representing the deduction for retention of defective and/or <br /> noncompliant Work. <br /> 8.8 Materials and Equipment Furnished by Owner <br /> A. Contractor shall install materials and Equipment furnished by the Owner as provided in the <br /> technical sections of the Specifications. <br /> B. Furnishing of material and Equipment by the Owner will be considered conclusive evidence <br /> of their acceptability for the purpose intended. <br /> C. If the Contractor discovers defects in material or Equipment furnished by the Owner, he <br /> or she shall immediately notify the Owner. <br /> D. After such discovery, the Contractor shall not proceed with Work involving Owner- <br /> furnished materials and Equipment unless authorized by the Owner. <br /> E. Unless otherwise noted or specifically stated, materials and Equipment furnished by the <br /> Owner, which are not of local occurrence or manufacture, are considered to be "FOB" <br /> railroad station or truck terminal nearest to the Site of the Work. <br /> F. At no cost to the Owner, the Contractor shall unload, transport, store, and protect such <br /> material and Equipment from damage. <br /> 1. The Contractor shall inspect such Owner-furnished material and Equipment on receipt <br /> and provide the Owner with written acceptance for the incorporation of said material <br /> and Equipment into the Work. <br /> 2. After receipt by the Contractor, the Contractor bears all risk of loss and casualty to <br /> Owner furnished materials and Equipment. <br /> 8.9 Guarantee <br /> A. The Contractor warrants to the Owner that all materials and Equipment furnished under <br /> this Contract will be of highest quality and new unless otherwise specified by the Owner, <br /> free from faults and defects and in conformance with the Contract Documents. <br /> 1. All Work not so conforming to these standards shall be considered defective. <br /> Replacement of Reservoir 2 General Conditions <br /> WO# UP3658 00 72 13 - 43 <br />