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DocuSign Envelope ID:78B556CA-0O28-4315-8EF4-948059C1C6F0 <br /> 35 <br /> changes shall be adjusted in the manner provided herein for adjustments as to extra or <br /> additional Work and changes. However, neither the Owner nor the Designer shall be liable or <br /> responsible for additional work, costs, or changes to the Work that could have been reasonably <br /> determined from any reports, surveys, and analyses made available for the Contractor's review <br /> or that could have been discovered by the Contractor through the performance of its obligations <br /> pursuant to the Contract Documents. <br /> ARTICLE 17. CORRECTION OF WORK BEFORE FINAL PAYMENT <br /> 17.1 The Owner has the authority to stop or suspend work, and the Designer has the authority <br /> to order Work removed or to order corrections of defective Work or Work not in compliance with <br /> the Contract Documents where such action may be necessary to ensure successful completion <br /> of the Work. <br /> Any work, materials, fabricated items, or other parts of the Work which have been found by the <br /> Designer to be defective or not in accordance with the Contract Documents shall be condemned <br /> and shall be removed from the Project by the Contractor, and immediately replaced by new <br /> Work in accordance with the Contract Documents at no additional cost to the Owner. Work or <br /> property of the Owner or others damaged or destroyed by virtue of such condemned Work shall <br /> be made good at the expense of the Contractor. Correction of condemned Work described <br /> above shall be commenced by the Contractor within twenty-four (24) hours after notice from the <br /> Designer or the Owner and shall be pursued to completion. Should the Contractor fail to <br /> proceed reasonably with the abovementioned corrections, the Owner may, three (3) days after <br /> the notice specified in the preceding sentence, proceed with correction, paying the cost, <br /> including costs of uncovering such condemned Work, of such corrections from amounts due or <br /> to become due to the Contractor. <br /> Condemned Work removed shall be the property of the Contractor and shall be removed from <br /> the Project by him within ten (10) days after notice to remove it, and if not then removed, <br /> thereafter may be disposed of by the Owner without compensation to the Contractor and the <br /> cost of such disposal shall be deducted from amounts due or to become due to the Contractor. <br /> Should the cost of correction of the Work and, if applicable, disposal of the condemned Work by <br /> the Owner exceed amounts due or to become due the Contractor, then the Contractor and the <br /> Contractor's sureties shall be liable for and shall pay to the Owner the amount of such excess. <br /> ARTICLE 18. CORRECTION OF WORK AFTER SUBSTANTIAL COMPLETION; <br /> WARRANTIES AND GUARANTIES <br /> 18.1 Neither the final certificate, Final Payment, occupation of the premises by the Owner, nor <br /> any provision of the Contract Documents, nor any other act or instrument of the Owner or the <br /> Designer shall relieve the Contractor from responsibility for negligence, defective material or <br /> workmanship, or failure to comply with the Contract Documents. <br /> 18.2 The Contractor shall, at the Contractor's sole cost and expense, make all necessary <br /> repairs, replacements, and corrections of any nature or description, interior or exterior, <br /> structural or non-structural, that shall become necessary by reason of defective workmanship or <br /> materials which appear within a period of one (1) year from the date of Substantial Completion; <br /> Revised NETPLANNER v2 <br />