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City of Sunh isles Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160 <br /> (305)947.-0606 phone (305) 949-3113 Fax <br /> within the time indicated in writing by the City Manager or its designee, the City <br /> shall have the authority to cause the defective work to be re oved or cone ;ted, or <br /> make such repairs as may be necessary at Contractors expense. Any expense <br /> incurred bythe Cityin such removals, corrections or repairs,makingrep , shall be paid <br /> for out of anymonies moncs dice or which may become due to Contractor, In the event of <br /> failure of Contractor to make all necessary repairs promptly and fully, which is not <br /> cured in the cui a period;the City may declare Contractor in default. <br /> 26.3 Ii~ within one (1) year atter the date of completion of labor or within ten (10) <br /> years for materials or such longer period of time as may be prescribed by the <br /> terms of any applicable special warranty required by the Contract Documents, or <br /> by any specific provision(s) of this Agreement, any of the woi~k is found to be <br /> detective or not in accordance with this Agt'cement,Con tractor, after receipt of written <br /> notice from the City or its designee, shall promptly correct such defective or <br /> noncxroforming work within the time specified by the City without cost to the City. <br /> Nothing contained herein shall be construed to establish a period of limitation <br /> with respect to any other obligation which Contractor might have under this <br /> Agreement including but not limited to any claim regarding latent defects_ <br /> 26.4 Failure to reject any defective work or material shall not in any way prevent <br /> later rejection when such deect is discovered, or obligate the City to final <br /> acceptance. <br /> 26.5 Where the City or its designee becomes aware of faults, defects or non-conformity <br /> in any of the work provided under this Agreement or with the work being <br /> perJ:orm1 by the Contractor, the City or•its designee shall issue a Notice to Cure <br /> to the Contractor for correction. In no event shill the failure of the City or its <br /> designee to bring to the attention of the C.'oatractor of such faults act as a waiver or <br /> • release the Contractor from responsibility or liability for such fault, defect or non- <br /> conforming work. <br /> 27. MISCELLANEOUS. <br /> A.. In the event any provision of this Agreement is found to be void and unenforceable <br /> by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless <br /> bethoughthe <br /> binding upon the parties with the same effect as void or unenforceable provisions <br /> had been severed and deleted. <br /> B. This Agreement may be executed in multiple identical counterparts, each of which <br /> shall be deemed an original for all purposes. <br /> C. No waiver of any,provision of this Agreement shall be valid or enforceable unless <br /> such waiver is in writing and signed by the pad granting;such waiver. <br /> 2020-6831 Ali Webbs Enthrprise,Inc. <br /> 12 <br />