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5.4. SR 05-21-2007
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5.4. SR 05-21-2007
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1/21/2008 8:36:55 AM
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<br />Contractor of its obligations hereunder, may so perform, but all costs and <br />expenses incurred by Owner in that event shall be reimbursed by Contractor to <br />Owner, together with interest on the same from the date any such expense was <br />paid by Owner until reimbursed by Contractor, at the rate of interest provided <br />to be paid on judgments, by the law of the jurisdiction to which the <br />interpretation of the Contract is subject. The obligations of Contractor under <br />this Section shall survive the expiration of the Contract. <br /> <br />12.1.1 Subparagraph; Line 4; After "rime" add "or Contract Sum". <br /> <br />12.2.1.1 Subparagraph; Line 1; After "Architect" add ", incomplete, defective"; Line 4; After <br />"such" add "defective or otherwise" <br /> <br />12.2.2.1 Subparagraph; Line 2; After "of the" add "entire"; after 'Work" delete "or designated <br />portion thereof, or after the date for commencement of warranties established under <br />Subparagraph 9.9.1,"; add "(unless otherwise provided in any Certificate of Partial <br />Substantial Completion approved by the parties), or within such longer period of time as <br />may be prescribed by law or in equity,"; End of Line 4, After "to be" add "defective or <br />otherwise"; Line 8, After second "condition." insert "by the Owner."; delete the next <br />sentences and add: <br /> <br />This corrective period shall be extended with respect to portions of Work first <br />performed after Substantial Completion by the period of time between <br />substantial Completion and the actual performance of the Work. Corrective <br />Work shall be warranted to be free from defects for a period equal to the <br />longer of six (6) months after the completion of the corrective Work or one (I) <br />year after the Date of Substantial Completion (subject to extension as <br />previously described) or such longer period of time as may be prescribed by <br />law or in equity, or expiration of the term of any applicable special warranty, <br />if applicable, required by the Contract Documents. Any defect in such Work <br />shall be corrected again by Contractor promptly upon notice of the defect <br />from the Owner. This obligation under this subparagraph 12.2.2.1 shall <br />survive acceptance of the Work under the Contract and termination of the <br />Contract. <br /> <br />12.2.3 Subparagraph; Line I; After "are" add "defective or otherwise". <br /> <br />12.2.4 Subparagraph; Line 2; After "caused" add "in whole or in part"; and Line 3 After "is" <br />add "defective or otherwise". <br /> <br />12.2.5 Subparagraph; Line 3; After "Documents" delete the period and add "or under law <br />equity.", and delete "of one year". <br /> <br />12.3.1 Subparagraph; Line 1; After "is" add "defective or otherwise". 13.3.1 Subparagraph; <br />Delete in its entirety and substitute the following: <br /> <br />311340v1 JMS ELl 85-6 <br /> <br />11 <br />
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