problems which may result from such take-over, and OWNER may thereafter withdraw their notifications or elect to proceed as originally proposed. In the event OWNER takes possession of or uses such part of the WORK. OWNER will exercise all reasonable efforts to avoid interference with CONTRACTOR’s continuance of the WORK. Such possession or use shall not constitute acceptance of the WORK.
11.2.8 APPROVAL of any WORK which later found to be non compliant with the requirement of this CONTRACT shall not prejudice the right of OWNER to reject such WORK or the obligation of CONTRACTOR to provide remedies for such WORK or material.
11.3 Removal and Replacement of Materials
11.3.1 During the progress of the WORK, OWNER shall have the right to order in writing from time to time:
(i) the removal from the SITE of any materials, which in the opinion of OWNER are not in accordance with this CONTRACT. Such materials shall be removed by CONTRACTOR, at its own expenses; and
(ii) the substitution of proper and suitable materials and equipment according to the SPECIFICATIONS; and
(iii) the removal and proper rectification (notwithstanding any previous test thereof or interim payment therefore) of any WORK which, in respect of materials or workmanship and in the opinion of OWNER, is not in accordance with this CONTRACT. Such removal and rectification shall be at CONTRACTOR’s expenses.
11.3.2 In case of failure on the part of CONTRACTOR in carrying out an order pursuant to Article 11.3.1 above, OWNER shall be entitled to employ and pay other persons to carry out the subject WORK and all expenses incurred to that shall be recoverable from CONTRACTOR by OWNER or may be deducted by OWNER from any money which is due or may become due to CONTRACTOR.
11.3.3 All activities refer to this Article 11.3 shall comply with regulations of the BOI.
ARTICLE 12 CONTRACT PRICE
12.1 The remuneration of CONTRACTOR charged to OWNER under this CONTRACT shall constitute only remuneration in connection with this CONTRACT.
12.2 CONTRACTOR shall be compensated by OWNER as full and complete compensation for performing the WORK and assuming all obligations and responsibilities under the CONTRACT including design, engineering, procurement, all supplies of equipment and other items, SITE preparation, construction, erection, PRE-COMMISSIONING, testing, remedying any defects and any damage resulting from defects discovered during WARRANTY PERIOD and before the CERTIFICATE OF FINAL ACCEPTANCE is issued, all other services such as training, man-hours, expenses, overhead, all other direct or indirect cost, profit and all taxes (including any tax deduction or withholding),