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I <br /> POLICE HQ- MASONRY CLEANING AND REPAIR APRIL 15, 2016 <br /> of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until <br /> ' they have been fulfilled. <br /> The Owner and the Contractor agree that the guarantee on the completed portions of the Work possessed <br /> and used by the Owner shall commence as to those portions on the date that the Owner takes possession <br /> of those portions and so notifies the Contractor in writing. Owner and Contractor further agree that such <br /> taking possession and use shall not be deemed as acceptance of the Work. Takeover of completed <br /> portions of the Work shall be at the Owner's option and will not be made until the Work can be put into <br /> routine service on a permanent basis. <br /> The guarantee provided in this paragraph shall be in addition to those specific guarantee or warranty <br /> requirements for particular Equipment and Work items as indicated in the Specifications. <br /> 8.10. CORRECTION PERIOD <br /> If within one year after the date of Substantial Completion,or such longer period of time as may be <br /> prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by <br /> any specific provision of the Contract Documents,any Work is found to be defective, or if the repair of <br /> any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and <br /> Regulations as contemplated in Paragraph 8.6.6. is found to be defective, Contractor shall promptly, <br /> without cost to Owner and in accordance with Owner's written instructions: <br /> 1. repair such defective land or areas; or <br /> 2. correct such defective Work; or <br /> 3. if the defective Work has been rejected by Owner,remove it from the Project and replace it with <br /> Work that is not defective,and <br /> 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of <br /> others or other land or areas resulting there from. <br /> If Contractor does not promptly comply with the terms of Owner's written instructions,or in an <br /> emergency where Delay would cause serious risk of loss or damage,Owner may have the defective Work <br /> corrected or repaired or may have the rejected Work removed and replaced.All claims, costs, losses, and <br /> damages(including but not limited to all fees and charges of engineers,architects, attorneys, and other <br /> professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such <br /> correction or repair or such removal and replacement(including but not limited to all costs of repair or <br /> replacement of Work of others)will be paid by Contractor. <br /> The Owner is hereby authorized to make such repairs if,ten(10)days after giving of such notice to the <br /> Contractor,the Contractor has failed to make or undertake the repairs with due diligence. In case of an <br /> emergency where, in the opinion of the Owner,Delay could cause serious loss or damage,repairs may be <br /> made prior to or concurrent with notice being sent to the Contractor. All expenses in connection with <br /> such repairs will be charged to the Contractor. <br /> In special circumstances where a particular item of equipment is placed in continuous service before <br /> Substantial Completion of all the Work,the correction period for that item may start to run from an earlier <br /> date if so provided in the Specifications. <br /> Where defective Work(and damage to other Work resulting there from)has been corrected or removed <br /> and replaced under this Paragraph 8.7,the correction period hereunder with respect to such Work will be <br /> extended for an additional period of one year after such correction or removal and replacement has been <br /> satisfactorily completed. <br /> Contractor's obligations under this Paragraph 8.10 are in addition to any other obligation or warranty. The <br /> provisions of this Paragraph 8.10 shall not be construed as a substitute for or a waiver of the provisions of <br /> any applicable statute of limitation or repose. <br /> GENERAL CONDITIONS 00 7200-29 <br /> I <br />