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§ 17.2.3.1 The Owner shall purchase and maintain boiler and machinery insurance, which specifically shall cover <br />equipment purchased by Owner under this Contract during installation and until final acceptance by Owner; this <br />insurance shall include interests of the Owner, Contractor, Subcontractors and Sub -subcontractors in the Work, and <br />the Owner and Contractor shall be named insureds. <br />§ 173 Performance Bond and Payment Bond <br />§ 173.1 As provided by Exhibit A, the Contractor shall famish bonds covering faithful performance of the Work and <br />payment of obligations arising from the Work as stipulated in the Contract Documents on the date of execution of the <br />Contract. <br />§ 173.2 Notwithstanding any provisions to the contrary contained in this bond or the bonded contract, this bond <br />guarantees only the performance of the installation portion of the contract, and shall not be construed to guarantee the <br />performance of (i) any efficiency or energy savings guarantees, (ii) any support or maintenance service agreement, or <br />(iii) any other guarantees or warranties with terms beyond one (1) year in duration from the completion of the <br />installation portion of the Contract Documents. Owner agrees that the Performance and Payment Bond provided for <br />this Agmemem only covers the actual Work and in no way covers the Energy Savings requirement of this Agreement <br />which is solely secured by Contractor's Savings Guaranty. <br />§ 17.3.3 Upon the request of any person or emity appearing to be a potential beneficiary of bonds covering payment <br />of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize <br />a copy to be furnished. <br />ARTICLE 18 CORRECTION OF WORK <br />§ 18.1 The Contractor shall promptly correct Work rejected by the Owner or failing to conform to the requirements <br />of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed, or <br />completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering <br />and replacement, and Owner's expenses made necessary thereby, shall be at the Contractor's expense. <br />§ 18.2 In addition to the Contractor's obligations under Section 9.4 as modified by Section 9.4.1, if, within one year <br />after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement <br />of warranties established under Section 15.6.3 (the "Correction Period"), and subject to Sections 18.2.1 and 18.2.2, <br />any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor <br />shall correct it promptly after receipt of notice from the Owner to do so unless the Owner has previously given the <br />Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the <br />condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the <br />Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor <br />and to make a claim for breach of warranty. <br />§ 18.2.1 Notwithstanding anything to the contrary contained in this Article 19 orthe Contract Documents, Contractor's <br />duty to correct under this Article 18 shall not apply to any system or equipment which is separately warranted by <br />written warranty to the Owner by a manufacturer, supplier or Subcontractor of any tier. <br />§ 182.2 In the event of any shortfall in Guaranteed Savings, regardless of whether the shortfall occurs during the <br />Correction Period, Contractor shall have the absolute right m analyze the cause or causes of such shortfall and, to the <br />extent caused by Contractor, remedy the shortfall to the extent possible in lieu of payment to Owner to the extent <br />remedied. <br />§ 183 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in <br />accordance with Section 8.3. <br />§ 18.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed <br />after Substantial Completion by the period of time between Substantial Completion and the actual completion of that <br />portion of the Work. <br />§ 18S The one-year period for correction of Work shall not be extended by corrective Work performed by the <br />Contractor pursuant to this Article 18. <br />Page 15 of 18 <br />