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9.2 Contractor warrants to the City that all materials and equipment furnished <br />under this Agreement will be new unless otherwise specified and will be of <br />good quality, free from faults and defects and in conformance with the <br />Agreement. All equipment and materials not conforming to these requirements, <br />including substitutions not properly approved and authorized, may be considered <br />defective. If required by City or its designee, Contractor shall fumish 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 />93 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 />10. DEFECTIVE WORK <br />10.1 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 />10.2 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, corrections <br />or repairs, shall be paid for out of any monies due or which may become due to <br />Contractor. In the event of failure of Contractor to make all necessary repairs <br />promptly and fully, which is not cured in the cure period, the City may declare <br />Contractor in default. <br />10.3 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 <br />designee, shall promptly correct such defective or nonconforming work within the <br />time specified by the City without cost to the City. Nothing contained herein shall <br />be construed to establish a period of limitation with respect to any other <br />obligation which Contractor might have under this Agreement including but not <br />limited to any claim regarding latent defects. <br />C1314-028 — LANDSCAPE FORMS Paee 5 of 10 <br />