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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 make <br /> any necessary repairs in accordance with the requirements of this Agreement <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 removed or corrected, or <br /> make such repairs as may be necessary at Contractor's expense. Any expense <br /> incurred by the City in making such removals, corrections or repairs, shall be paid <br /> for out of any monies due 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 cure period, the City may declare Contractor in default. <br /> 12.3 If, within one (1) year 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 with <br /> this Agreement,Contractor,after receipt of written notice from the City or its designee, <br /> shall promptly correct such defective or nonconforming work within the time specified <br /> by the City without cost to the City.Nothing contained herein shall be construed to <br /> establish a period of limitation with respect to any other obligation which <br /> Contractor might have under this Agreement including but not limited to any claim <br /> 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 /> 12.5 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 /> performed by the Contractor, the City or its designee shall issue a Notice to Cure <br /> to the Contractor for correction. In no event shall the failure of the City or its <br /> designee to bring to the attention of the Contractor 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 /> 13. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any <br /> work being performed under this Agreement, procure and maintain the following minimum <br /> insurance coverages to protect the City and Contractor against all loss, claims, damage and <br /> liabilities caused by Contractor, its agents, or employees, as indicated below: <br /> ❑ Comprehensive General Liability Insurance, including broad form <br /> contractual liability coverage for all operations, including, but not limited <br /> to, Premises/Operations, Products/Completed Operations, Contractual, <br /> Independent Contractors, Personal Injury and Property Damage liability <br /> 048-6477-INTERLINK GROUP PROFESSIONAL SERVICES, INC. Pan 5 of 9 <br />