8.1. SR 06-03-2019 - Laserfiche WebLink

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W WASTE MANAGEMENT 12.2.3 Contractor shall remove from the Site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner's Authorized Representative. 12.2.4 If Contractor does not proceed with correction of such non-conforming Work within the time fixed by written notice from the Owner's Authorized Representative, Owner may correct the non- conforming Work in accordance with Article 2, or remove non-conforming Work and store the salvable materials or equipment at the Contractor's expense. If Contractor does not pay costs of such removal and storage within ten (10)Days after written notice, Owner may upon an additional ten (10) Days written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof after deducting costs and damages that would have been borne by Contractor, including compensation for the services of the Owner's Design Professional or Subconsultants and expenses made necessary thereby. If such proceeds of the sale do not cover costs which Contractor should have borne, the Contract Price shall be reduced by the deficiency, or Contractor shall pay the difference to Owner. 12.2.5 Contractor shall bear the cost of correcting work originally installed by Owner or by Separate Contractors and damaged by the Contractor's correction or removal of Contractor's Work. Article 6 describes coordination between the Contractor, Owner, and Separate Contractors. 12.3 Acceptance of Nonconforming Work. If Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner's Authorized Representative may do so instead of requiring its removal and correction, in which case the Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 Miscellaneous Provisions 13.1 Governing Law, Jurisdiction and Venue. The rights and obligations of the Parties to the Agreement shall be governed by the laws of the state where the Project is located. The exclusive venue of any dispute shall be a state court with proper jurisdiction in the county or city where the Project is located or the federal district court division where venue is proper based solely on the location of the Project. 13.2 Successors and Assigns. Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the other Party hereto and to partners, successors, assigns, and legal representatives of such other Party in respect to covenants, agreements, and obligations contained in the Contract Documents. Neither Party to the Agreement shall assign the Agreement in whole or in part without the prior written consent of the other. If either Party attempts to make such an assignment without such consent, that Party shall nevertheless remain legally responsible for all obligations under the Agreement. 13.3 Written Notice. Written notice shall be deemed to have been duly served if delivered in person to the Owner's Authorized Representative or Contractor's Authorized Representative at the address given in the Agreement, or if sent by registered or certified mail to the last business address known to the Party giving notice. 13.4 Rights and Remedies 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. 13.4.2 No act or failure to act by Owner, Owner's Design Professional, or Contractor shall constitute a waiver of a right or duty afforded them under the Agreement, nor shall such act or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 Tests and Inspections 37 Jun-17 Ver.2.0