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Paragraph 13.05.A has been deleted and replaced with a corrected or repaired or may have the rejected Work re- <br /> new paragraph. See the Supplementary Conditions. moved and replaced, and all Claims, costs, losses, and <br /> damages (including but not limited to all fees and charges of <br /> 13 .05 OWNER May Stop the Work engineers, architects, attorneys, and other professionals and <br /> all court or arbitration or other dispute resolution costs) <br /> rf h xxr k is defeefiva, eF GONTo n nTnn failg arising out of or relating to such correction or repair or such <br /> removal and replacement (including but not limited to all <br /> costs of repair or replacement of work of others) will be <br /> the plat^a m^_l, ill enFa.m to the CoRtres paid by CONTRACTOR. <br /> DeoumerAs, 941NED may ..F,ler 90n4RAGTOR to sta <br /> t�r <br /> ti xxa,� WeEk, of any pei4ienr there:f until the e&nse fir ^ B . In special circumstances where a particular item of <br /> cifdeF h been eliminated ; however,y tr._^ right of 03AWcv equipment is placed in continuous service before <br /> te step the Wark- �ha Substantial Completion of all the Work, the correction <br /> o f p rpMR tp mercise this ;igbt f^_ the beef' of period for that item may start to tun from an earlier date if <br /> GOrq:RAGTOR, any SubeeatFasteF, any Su fflie_ ^ so provided in the Specifications or by Written Amendment. <br /> ether ifidi"Wilill AF e..««. ..f ..... ^..met. fer, F e... <br /> � agent ef any of them C. Where defective Work (and damage to other Work <br /> resulting therefrom) has been corrected or removed and <br /> 13 .06 Correction or Removal of Defective Work replaced under this paragraph 13 .07, the correction period <br /> hereunder with respect to such Work will be extended for ' <br /> A. CONTRACTOR shall correct all defective Work, an additional . period of one year after such correction or <br /> whether or not fabricated, installed, or completed, or, if the removal and replacement has been satisfactorily completed. <br /> Work has been rejected by ENGINEER, remove it from the <br /> Project and replace it with Work that is not defective. D. CONTRACTOR's obligations under this <br /> CONTRACTOR shall pay all Claims, costs, losses, and paragraph 13.07 are in addition to any other obligation or <br /> damages (including but not limited to all fees and charges of warranty. The provisions of this paragraph 13 .07 shall not <br /> engineers, architects, attorneys, and other professionals and be construed as a substitute for or a waiver of the provisions <br /> all court or arbitration or other dispute resolution costs) of any applicable statute of limitation or repose. <br /> arising out of or relating to such correction or removal <br /> (including but not limited to all costs of repair or 13 .08 Acceptance of Defective Work <br /> replacement of work of others). <br /> A. If, instead of requiring correction or removal and <br /> 13 .07 Correction Period replacement of defective Work, OWNER (and, prior to <br /> ENGINEER' s recommendation of final payment, <br /> A. If within one year after the date of Substantial ENGINEER) prefers to accept it, OWNER may do so. <br /> Completion or such longer period of time as may be CONTRACTOR shall pay all Claims, costs, losses, and <br /> prescribed by Laws or Regulations or by the terms of any damages (including but not limited to all fees and charges of <br /> applicable special guarantee required by the Contract engineers, architects, attorneys, and other professionals and <br /> Documents or by any specific provision of the Contract all court or arbitration or other disputeresolution costs) <br /> Documents, any Work is found to be defective, or if the attributable to OWNER's evaluation of and determination <br /> repair of any damages to the land or areas made available to accept such defective Work (such costs to be approved <br /> for CONTRACTOR' s use by OWNER or permitted by by ENGINEER as to reasonableness) and the diminished <br /> Laws and Regulations as contemplated in paragraph 6. 11 .A value of the Work to the extent not otherwise paid by <br /> is found to be defective, CONTRACTOR shall promptly, CONTRACTOR pursuant to this sentence. If any such <br /> without cost to OWNER and in accordance with OWNER' s acceptance occurs prior to ENGINEER' s recommendation <br /> written instructions: (i) repair such defective land or areas, of final payment, a Change Order will be issued <br /> or (ii) correct such defective Work or, if the defective Work incorporating the necessary revisions in the Contract <br /> has been rejected by OWNER, remove it from the Project Documents with respect to the Work, and OWNER shall be <br /> and replace it with Work that is not defective, and (iii) entitled to an appropriate decrease in the Contract Price, <br /> satisfactorily correct or repair or remove and replace any reflecting the diminished value of Work so accepted. If the <br /> damage to other Work, to the work of others or other land parties are unable to agree as to the amount thereof, <br /> or areas resulting therefrom. If CONTRACTOR does not OWNER may make a Claim therefor as provided in <br /> promptly comply with the terms of such instructions, or in paragraph 10.05 . If the acceptance occurs after such <br /> an emergency where delay would cause serious risk of loss recommendation, an appropriate amount will be paid by <br /> or damage, OWNER may have the defective Work CONTRACTOR to OWNER. <br /> 00700 - 38 <br />