37.2 Should the Facility or any part thereof cease operating due solely to Defects or to corrective actions for Defects, the Defect Correction Period shall be extended by an amount of time equal to the amount of time during which the Facility was not in operation due to such Defects or for the correction of such Defects.
37.3 CONTRACTOR warrants that the written instructions regarding the use of equipment, including those instructions in operation and maintenance manuals, shall conform to this EPC Contract and GECP as of the time such instructions are prepared. If any non-conformance with CONTRACTOR's warranties set forth in this GC-37.3 occurs or is discovered at any time prior to or during the Defect Correction Period, CONTRACTOR shall, …show more content…
All such warranties shall run to the benefit of CONTRACTOR but shall permit CONTRACTOR, prior to assignment to CMA, the right (upon mutual agreement of the Parties), to authorize CMA to deal with Subcontractor or Subsubcontractor on CONTRACTOR's behalf. Such warranties, with duly executed instruments assigning the warranties shall be delivered to CMA concurrent with the end of the Defect Correction Period. This shall not in any way be construed to limit CONTRACTOR's liability under this EPC Contract for the entire Work or its obligation to enforce Subcontractor and Subsubcontractor …show more content…
Upon CMA giving reasonable prior notice, CONTRACTOR shall furnish CMA with access to all locations where Work is in progress on the Work Site and at the offices of CONTRACTOR and its Subcontractors and Subsubcontractors. CMA shall be entitled to provide CONTRACTOR with written notice of any Work that CMA believes does not conform to the requirements of this EPC Contract. If any Work is Defective prior to Provisional Acceptance, then CONTRACTOR shall, at its own expense, correct such Defective Work. If such Defective Work is on the critical path for the Project or otherwise impacts the Facility or any portion of the Project, CONTRACTOR shall commence the correction of such Defective Work within a reasonable time but in no event later than the earlier of five (5) Business Days after receipt of notice from CMA or CONTRACTOR's becoming aware of such Defect, and shall diligently perform and complete the correction of such Defective Work using, as necessary, overtime or shifts and expediting the procurement of materials without cost to CMA. If CONTRACTOR fails to commence, perform or complete the correction of Defective Work as required by this GC-37.6, then CMA, upon providing written notice to CONTRACTOR, may perform such corrective Work and CONTRACTOR shall be liable to CMA for the reasonable costs incurred by CMA in
37.3 CONTRACTOR warrants that the written instructions regarding the use of equipment, including those instructions in operation and maintenance manuals, shall conform to this EPC Contract and GECP as of the time such instructions are prepared. If any non-conformance with CONTRACTOR's warranties set forth in this GC-37.3 occurs or is discovered at any time prior to or during the Defect Correction Period, CONTRACTOR shall, …show more content…
All such warranties shall run to the benefit of CONTRACTOR but shall permit CONTRACTOR, prior to assignment to CMA, the right (upon mutual agreement of the Parties), to authorize CMA to deal with Subcontractor or Subsubcontractor on CONTRACTOR's behalf. Such warranties, with duly executed instruments assigning the warranties shall be delivered to CMA concurrent with the end of the Defect Correction Period. This shall not in any way be construed to limit CONTRACTOR's liability under this EPC Contract for the entire Work or its obligation to enforce Subcontractor and Subsubcontractor …show more content…
Upon CMA giving reasonable prior notice, CONTRACTOR shall furnish CMA with access to all locations where Work is in progress on the Work Site and at the offices of CONTRACTOR and its Subcontractors and Subsubcontractors. CMA shall be entitled to provide CONTRACTOR with written notice of any Work that CMA believes does not conform to the requirements of this EPC Contract. If any Work is Defective prior to Provisional Acceptance, then CONTRACTOR shall, at its own expense, correct such Defective Work. If such Defective Work is on the critical path for the Project or otherwise impacts the Facility or any portion of the Project, CONTRACTOR shall commence the correction of such Defective Work within a reasonable time but in no event later than the earlier of five (5) Business Days after receipt of notice from CMA or CONTRACTOR's becoming aware of such Defect, and shall diligently perform and complete the correction of such Defective Work using, as necessary, overtime or shifts and expediting the procurement of materials without cost to CMA. If CONTRACTOR fails to commence, perform or complete the correction of Defective Work as required by this GC-37.6, then CMA, upon providing written notice to CONTRACTOR, may perform such corrective Work and CONTRACTOR shall be liable to CMA for the reasonable costs incurred by CMA in