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11.4 Correction Period. <br /> CONTRACTOR warrants all material and workmanship for a minimum of one (1) <br /> year from the date that CITY accepts occupancy of the parking garage and park. If within one (1) <br /> year after the date of Final Completion or such longer period of time as may be prescribed by laws or <br /> regulations or by the terms of any applicable special guarantee required by the Contract Documents, <br /> any work is found to be defective, whether observed before or after acceptance by CITY, <br /> CONTRACTOR shall promptly, without cost to CITY and in accordance with CITY'S written <br /> instructions, either correct such defective work, or, if it has been rejected by CITY, remove it from <br /> the site and replace it with work that is not defective and satisfactorily correct and remove and replace <br /> any damage to other work or the work of others resulting therefrom. If CONTRACTOR does not <br /> promptly comply with the terms of such instructions, or in an emergency where delay would cause <br /> serious risk of loss or damage, CITY may have the defective workmanship corrected or the rejected <br /> Work removed and replaced, and all direct, indirect and consequential costs of such removal and <br /> replacement(including but not limited to fees and charges of engineers,architects,attorneys and other <br /> professionals)will be paid by CONTRACTOR. <br /> 11.4.1 Where defective Work (and damage to other work resulting therefrom) has been <br /> corrected,removed or replaced under this paragraph, the correction period hereunder with respect to <br /> such Work will be extended for an additional period of one(1)year after such correction or removal <br /> and replacement has been satisfactorily completed. <br /> 11.4.2 Nothing contained in this Article shall be construed to establish a period of limitation <br /> with respect to other obligations which CONTRACTOR might have under the Contract Documents. <br /> Establishment of the time period of one(1) year as described in Paragraph 11.4.1 relates only to the <br /> specific obligation of the CONTRACTOR to correct the work, and has no relationship to the time <br /> within which the obligation to comply with the Contract Documents may be sought to be enforced, <br /> nor to the time within which proceedings may be commenced to establish CONTRACTOR'S liability <br /> with respect to the CONTRACTOR'S obligation other than specifically to correct the work. <br /> 11.4.3 CONTRACTOR warrants to the CITY that it will comply with all applicable federal, <br /> state and local laws,regulations and orders in carrying out its obligations under the Contract. <br /> 11.4.4 CONTRACTOR warrants to the CITY that it is not insolvent, it is not in bankruptcy <br /> proceedings or receivership,nor is it engaged in or threatened with any litigation,arbitration or other <br /> legal or administrative proceedings or investigations of any kind which would have an adverse effect <br /> on its ability to perform its obligations under the Contract. <br /> 11.4.5 CONTRACTOR warrants to the CITY that the consummation of the work provided <br /> for in the Contract Documents will not result in the breach of any term or provision of, or constitute <br /> a default under any indenture, mortgage, contract, or agreement to which the CONTRACTOR is a <br /> ply. <br /> 11.4.6 CONTRACTOR warrants that there has been no violation or copyrights of patent <br /> rights either in the United States of America or in foreign countries in connection with the work of <br /> the Contract. <br /> 24 <br />