Agmt97 Flatirons Funding (2) - Laserfiche WebLink

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8. GUARANTEE OF WORKMANSHIP AND MATERIALS. If, within a period of one year after acceptance by City of any Improvement or any Related Work, the Improvement or the Related Work or the Labor and Materials required by that Improvement or Related Work fail to fulfill the requirements of this Agreement, including without limitation, the requirements of the Plans and Specifications, Owner shall, upon receipt of a request in writing from City, without delay and at no cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvement or the Related Work or the Labor and Materials required by that Improvement or Related Work. If Owner does not promptly make that repair, replacement or reconstruction, or otherwise act in accordance with this requirement to repair, replace or reconstruct, the City may, at its option, make the necessary repair, replacement or reconstruction or perform the necessary work, and Owner shall pay to City the actual cost thereof plus fifteen percent (15%). If City in the exercise of its reasonable discretion determines that the necessary repair, replacement or reconstruction must be made before Owner can be notified, City may also make that repair, replacement or reconstruction or perform the necessary work, and Owner shall pay to City the actual cost thereof plus fifteen percent (15%). Notwithstanding any provision to the contrary in this Agreement, Owner is not responsible for repair, replacement or reconstruction of any Improvements or Related Work, accepted by City and necessitated by Acts of God, acts of third parties (other than Owner, its agents, employees or contractors) beyond Owner's ability to control, civil emergencies, natural disasters or similar acts or events. -6-