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ti <br />City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />9. DEFECTIVE WORK. <br />A. If required by City, Contractor shall promptly, as directed and at Contractor's sole <br />expense, either correct all defective Work, whether or not fabricated, installed or <br />completed, or, if the Work has been rejected by City, remove it from the site and <br />replace it with non -defective Work. Contractor shall bear all direct, indirect and <br />consequential costs of such correction or removal (including but not limited to <br />fees and charges of engineers, architects, attorneys and other professionals) made <br />necessary thereby. <br />B. 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 />C. 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 beyond a period of five (5) years with respect to <br />any other obligation which Contractor might have under this Agreement including <br />but not limited to any claim regarding latent defects. <br />D. 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 />E. 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 />10. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of <br />this Agreement or any time for a period of ten (10) years subsequent to that date upon which this <br />Agreement shall terminate for any reason whatsoever, disclose to any person or entity, other than <br />in the discharge of the duties of the Contractor under this Agreement, any information which the <br />City designates in writing as "confidential." As a violation by the Contractor of the provisions of <br />PIPELINE SERVICE OF BROWARD COUNTY, INC. 6 <br />