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thereby. If prior to the date of final payment, the Contractor, a Subcontractor or anyone for whom either is responsible uses or damages any portion of the Work, including, without limitation, mechanical, electrical, plumbing and other building systems, machinery, equipment or other mechanical device, the Contractor shall cause such item to be restored to "like new" condition at no expense to the City. 9.2.2 If, within twelve (12) months after the date of Final Completion of the Work or designated portion thereof, or after the date for commencement of warranties, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found not to be in strict accordance with the requirements of the Contract Documents, the Contractor shall correct or remove and replace such defective Work, at the City's discretion. Such twelve (12) month period is referred to as the "Guarantee Period." The obligations under this Paragraph 9.2.2 shall cover any repairs, removal and replacement to any part of the Work or other property caused by the defective Work. 9.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the City. 9.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the City may correct or remove it and replace such nonconforming Work. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the City, the City may take action to correct or remove the nonconforming work at the contractor's expense. 9.2.5 The Contractor shall bear the cost of correcting destroyed or damaged Work or property, whether completed or partially completed, of the City or of others caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 9.2.6 The removal and repair of defective work does not constitute a right to claim by the Contractor for a time extension to the Contract. Contractor shall repair and replace defective Work at Contractor's sole expense. 9.3 Acceptance of Nonconforming Work 9.3.1 The City may accept Work which is not in accordance with the Contract Documents, instead of requiring its removal and correction, in its sole discretion. In Such case the Contract Sum will be adjusted as appropriate and equitable. Such adjustment shall be made whether or not final payment has been made. Nothing contained herein shall impose any obligation upon the City to accept nonconforming or defective Work. PROVISION 10 MISCELLANEOUS PROVISIONS 10.1 Written Notice 10.1.1 All notices required to be given by the contractor under the terms of this Contract shall be made in writing. Written Notices, when served by the City, will be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an office of the corporation for which it was intended, or if delivered at or sent to the last business address known to the party giving notice. 10.2 Rights and Remedies 29