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Weld County,Colorado <br /> PROJECT No.B 1400202 <br /> i�t u NTX Book 1 -Contract <br /> f - <br /> requirements of the Contract Documents, at the Contractor's expense and without any time <br /> extension; and the Contractor shall promptly take all action necessary to prevent similar <br /> deficiencies from occurring in the future. The fact that the County may not have discovered the <br /> Nonconforming Work shall not constitute an Acceptance of such Nonconforming Work. If the <br /> Contractor fails to correct any Nonconforming Work within five days of receipt of notice from <br /> the County requesting correction (or, for Nonconforming Work which cannot be corrected within <br /> five days, if the Contractor fails to provide to the County a schedule for correcting any such <br /> Nonconforming Work Approved by the County within such five-day period, begin correction <br /> within such five-day period and thereafter diligently prosecute such correction in accordance <br /> with such Approved schedule to completion),then the County may cause the Nonconforming <br /> Work to be remedied or removed and replaced, and may deduct the cost of doing so from any <br /> moneys due or to become due the Contractor and/or obtain reimbursement from the Contractor <br /> for such cost. <br /> 5.7.2 Nonconforming Work Pay Adjustment <br /> The County may, in its sole discretion, Accept any Nonconforming Work without requiring it to <br /> be fully corrected, and shall be entitled to a pay adjustment (or reimbursement of a portion of the <br /> Contract Price, if applicable). In such event, the County shall be entitled to reimbursement of a <br /> portion of the Contract Price. In certain events, however, it may not be possible for the <br /> Nonconforming Work to be made to conform to the requirements of the Contract Documents, <br /> including, but not limited to, the Contractor's failure to perform required items during a required <br /> time period. In general,the pay adjustment (or reimbursement) shall equal, at the County's <br /> election: (i) the amount allocated to such Work in the Contract Schedule; (ii)the Contractor's <br /> cost savings associated with its failure to perform the Work in accordance with the Contract <br /> requirements; or(iii) the amount deemed appropriate by the County to provide compensation for <br /> impacts to affected parties such as future maintenance and/or other costs relating to the <br /> Nonconforming Work. In certain events, the County shall be entitled to a pay adjustment (or <br /> reimbursement) as expressly set forth elsewhere in the Contract Documents. Such <br /> reimbursement shall be deducted from future payments or, if future payments are insufficient to <br /> cover the amount owing, shall be payable to the County within 30 days after Contractor's receipt <br /> of an invoice therefore. <br /> 30 <br />