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including substitutions not properly approved and authorized, may be considered <br /> defective. If required by City or its designee, Contractor shall furnish satisfactory <br /> evidence as to the kind and quality of materials and equipment. This warranty is <br /> not limited by any other provisions within this Agreement. <br /> 11.3 Contractor shall provide to the City or its designee all manufacturers' warranties. <br /> All warranties, expressed and/or implied, shall be given to the City for all <br /> material and equipment covered by this Agreement. All material and equipment <br /> furnished shall be fully guaranteed by the Contractor against factory defects and <br /> workmanship. At no expense to the City, the Contractor shall correct any and <br /> all apparent and latent defects that are required under state or federal law. <br /> 12. DEFECTIVE WORK <br /> 12.1 The City or its designee shall have the authority to reject or disapprove work <br /> which is found to be defective. If defective work is found. Contractor shall <br /> promptly either correct all defective work or remove such defective work and <br /> replace it with non-defective work. Contractor shall bear all direct and indirect <br /> costs of such removal or corrections including cost of testing laboratories and <br /> personnel. <br /> 12.2 Should Contractor fail or refuse to remove or correct any defective work or to <br /> make any necessary repairs in accordance with the requirements of this <br /> Agreement within the time indicated in writing by the City Manager or its <br /> designee, the City shall have the authority to cause the defective work to be <br /> removed or corrected, or make such repairs as may be necessary at Contractor's <br /> expense. Any expense incurred by the City in making such removals, <br /> corrections or repairs, shall be paid for out of any monies due or which may <br /> become due to Contractor. In the event of failure of Contractor to make all <br /> necessary repairs promptly and fully, which is not cured in the cure period, the <br /> City may declare Contractor in default. <br /> 12.3 If, within two (2) years after the date of completion of Services or such longer <br /> period of time as may be prescribed by the terms of any applicable special <br /> warranty required by the Contract Documents, or by any specific provision(s) of <br /> this Agreement, any of the work is found to be defective or not in accordance <br /> with this Agreement, Contractor, after receipt of written notice from the City or <br /> its designee, shall promptly correct such defective or nonconforming work <br /> within the time specified by the City without cost to the City. Nothing contained <br /> herein shall be construed to establish a period of limitation with respect to any <br /> other obligation which Contractor might have under this Agreement including <br /> but not limited to any claim regarding latent defects. <br /> 12.4 Failure to reject any defective work or material shall not in any way prevent <br /> later rejection when such defect is discovered, or obligate the City to final <br /> acceptance. <br /> SI <br /> C6202-1516-071 MOSAICIST,INC. Pane 6 of 9 <br />