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deteimine which portions of the Decks must be (i) removed and replaced (or painted and <br />overlayed at the option of the Roof Owner), (ii) cleaned and painted or (iii) left in their existing <br />condition. The determinations of the contractor and the Roof Owner's Consultant, if any, will be <br />subject to review by the Independent Claims Adjudicator as set forth in Paragraph4.4 of this <br />Acceptance and Covenant, provided, however, that any such determination will be upheld by the <br />Independent Claims Adjudicator unless it is shown by a preponderance of the evidence that the <br />determination of the contractor and the Roof Owner's Consultant, if any, was not properly based <br />upon the selected Coupons or the provided Control Coupons. <br />4.3. During performance of the work on the Decks, Roof Owner's contractor(s) will <br />submit to the Third Party Inspector on a weekly basis, progress reports whi�h will include <br />photographs of the exposed Deck taken daily (which photographs will depict the Deck areas (a) <br />immediately after opening the Decks, (b) after the areas have been cleaned and before painting <br />and (c) the Decks after the areas have been painted or replaced), and which will specify the <br />quantity of the work performed on the Decks along with a summary itemization showing an <br />approximate amount of the Decks (i) removed and replaced, (ii) cleaned and painted and (iii) left <br />in their existing condition. <br />4.4. The Roof Owner agrees to retain at the job site all Damaged Deck that has been <br />removed and replaced for a minimum period of thirty (30) days after photographs of the removed <br />Deck have been mailed to the Third Party Inspector for review pursuant to Paragraph 43. In the <br />event that any disputes shall arise regarding the determination of whether any portions of the <br />Decks were to be (i) removed and replaced, or painted and overlayed at the Roof Owner's option, <br />(ii) cleaned and painted or (iii) left in their existing condition, Beazer and Roof Owner agree to <br />attempt in good faith to resolve such dispute by agreement. If a resolution �nn�; be reached by <br />