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employed or contracted directly or indirectly by the Contractor including any Sub - Contractor, or <br />any of their agents or employees, or any other persons performing any of the Work. <br />ARTICLE 19. DEFECTIVE WORK <br />19.1 The City shall have the authority to reject or disapprove Work which is found to be <br />defective. If defective work is found, Contractor shall promptly either correct all defective work <br />or remove such defective Work and replace it with non - defective Work. Contractor shall bear all <br />direct and indirect costs of such removal or corrections including cost of testing laboratories <br />and personnel. <br />19.2 Should Contractor fail or refuse to remove or correct any defective Work or to make any <br />necessary repairs in accordance with the requirements of the Contract Documents within the <br />time indicated in writing by the City Manager or his designee, the City shall have the authority to <br />cause the defective work to be removed or corrected, or make such repairs as may be necessary at <br />Contractor's expense. Any expense incurred by the City in making such removals, corrections or <br />repairs, shall be paid for out of any monies due or which may become due to Contractor, or may <br />be charged against the Payment and Performance Bond. In the event of failure of Contractor to <br />make all necessary repairs promptly and fully, which is not cured in the Cure Period, the City may <br />declare Contractor in default. <br />19.3 If, within one (1) year after the date of Final Completion or such longer period of time <br />as may be prescribed by the terms of any applicable special warranty required by the Contract <br />Documents, or by any specific provision(s) of the Contract Documents, any of the Construction <br />Work is found to be defective or not in accordance with the Contract Documents, Contractor, after <br />receipt of written notice from the City Manager or his designee shall promptly correct such defective <br />or nonconforming Work within the time specified by the City Manager or his designee without cost to <br />the City. Nothing contained herein shall be construed to establish a period of limitation with <br />respect to any other obligation which Contractor might have under the Contract Documents <br />including but not limited to any claim regarding latent defects. <br />19.4 Failure to reject any defective work -or material shall not in any way prevent later <br />rejection when such defect is discovered, or obligate the City to final acceptance. <br />ARTICLE 20. CORRECTION OF WORK <br />Where the City becomes aware of faults, defects or non - conformity in any of the Work provided <br />under this Agreement or with the Work being performed by the Contractor, the City shall issue a <br />Notice to Cure to the Contractor for correction. Thereafter, the Contractor shall have the Cure <br />Period within which to cure the defective work. However, in the event the Contractor becomes <br />aware of faults, defects or non - conforming Work that presents a threat to the health, safety or <br />welfare of residents within the City, the Contractor shall take immediate measures to cure the <br />defective work and the 7 (seven) day Cure Period shall not apply. In no event shall the failure of <br />the City to bring to the attention of the Contractor such faults act as a waiver or release the <br />Contractor from responsibility or liability for such fault, defect or non - conforming Work. <br />ARTICLE 21. WARRANTY OF MATERIALS AND EQUIPMENT <br />21.1 Contractor warrants to the City that all materials and equipment furnished under this <br />12 <br />