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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 /> CONTRACT-OR� ao arising out of or relating to such correction or repair or such
<br /> removal and replacement (including but not limited to all
<br /> s to pe..F,.m �the efk i e ^ y hat costs of repair or replacement of work of others) will be
<br /> r •^ +
<br /> paid by CONTRACTOR.
<br /> the W894or- anyerfi ... di v a 49 &e eause r_ s ,^w B . In special circumstances where a particular item of
<br /> eFder has been �- - • ^+ a ; -, this fight equipment is placed in continuous service before
<br /> te stop the Work sha not give rise to any duty on the paA Substantial Completion of all the Work, the correction
<br /> of OWNER to oKefe=se 93is right f r the benefit of period for that item may start to run from an
<br /> earlier date if
<br /> (;014RAGTQR; any , any Supplief, ORY so provided in the Specifications or by Written Amendment.
<br /> agents anyef-thera 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
<br /> so.
<br /> Completion or such longer period of time as may be CONTRACTOR shall pay all Claims, costs, losses,
<br /> 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 dispute resolution
<br /> 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
<br /> 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
<br /> 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
<br /> 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 /> Rev . 03 / 2006 Egret Marsh
<br /> 00700 - 38
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