2007-08-10_PERMIT FILE - C1980007 (2)

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~ or not such guarantee is accompanied by a performance bond to assure execution of any necessary corrective or remedial Work, shall not be construed as a waiver of any technical ' or qualitative requirements of the Specifications. 3. In addition to any other inspection or quality assurance provisions that may be specified, ' ENGINEER shall have the right, so long as COMPANY previously agrees, to independently select, test, and analyze, at the expense of COMPANY, additional test specimens of any or all of the materials to be used. Results of such tests and analysis shall be considered along with the tests or analysis made by CONTRACTOR to determine compliance with the applicable specifications for the materials so tested or analyzed; provided, that wherever any portion of the Work is discovered, as a result of such independent testing or investigation by ENGINEER, which fails to meet the requirements of the Specifications, all costs of such independent inspection and investigation, and all costs of removal, correction, and reconstruction or repair of any ' such Work shall be borne by CONTRACTOR. G. Right of Rejection ' 1. ENGINEER, acting for COMPANY shall have the right, at all times and places, to reject any articles or materials to be furnished hereunder, which, in any respect, fail to meet the ' requirements of the Specifications, regardless of whether the defects in such articles or materials are detected at the point of manufacture or after completion of the Work. If ENGINEER or inspector, through an oversight or otherwise, has accepted materials or ' Work which is defective or which is contrary to the Specifications, such material, no matter in what stage or condition of the manufacture, delivery, or erection, may be rejected by ENGINEER for COMPANY, or independently rejected by COMPANY. 2. CONTRACTOR shall promptly remove rejected articles or materials from the site of the Work after notification of rejection. ' 3. All costs of removal and replacement of rejected articles or materials as specified herein shall be borne by CONTRACTOR. H. Guazantee 1. For a period of one (1) yeaz, commencing on the date of final acceptance or the date that the substantial completion letter is sent, CONTRACTOR shall upon receipt of notice in writing from COMPANY promptly make all repairs arising out of the faulty materials, workmanship, or equipment. Prior acceptance of the Work in no way shall waive CONTRACTOR'S responsibility to repair any portion of the Work performed under the Agreement. COMPANY is hereby authorized to make such repairs, under the authority of the DAM FACILITY OWNER, if ten days after giving such notice to CONTRACTOR, CONTRACTOR has failed to make or undertake the repairs. In cases of emergency, where in COMPANY'S opinion, delay could cause serious loss or damage, repairs must be made without notice being sent to CONTRACTOR, and the expense in connection therewith shall be charged to CONTRACTOR. 01110-10