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' limited to all costs of repair or replacement of work of others) which are stored elsewhere. CONTRACTOR shall
<br /> allow
<br /> will be paid by CONTRACTOR. OWNER, OWNER's representatives, agents and employees,
<br /> OWNER's other contractors , and ENGINEER and ENGINEER's
<br /> ' B. In special circumstances where a particular item of Consultants access to the Site to enable OWNER to exercise
<br /> equipment is placed in continuous service before Substantial the rights and remedies under this paragraph.
<br /> Completion of all the Work, the correction period for that item
<br /> may start to run from an earlier date if so provided in the C. All Claims, costs, losses, and damages (including
<br /> but
<br /> ' Specifications or by Written Amendment. not limited to all fees and charges of engineers, architects,
<br /> attorneys, and other professionals and all court or arbitration or
<br /> C. Where defective Work (and damage to other Work other dispute resolution costs) incurred or sustained by
<br /> resulting therefrom) has been corrected or removed and OWNER in exercising the rights and remedies
<br /> under this
<br /> replaced under this paragraph 13 . 07, the correction period paragraph 13.09 will be charged against CONTRACTOR, and
<br /> a
<br /> hereunder with respect to such Work will be extended for an Change Order will be issued incorporating the
<br /> necessary
<br /> additional period of one year after such correction or removal revisions in the Contract Documents with respect to the Work;
<br /> and replacement has been satisfactorily completed. and OWNER shall be entitled to an appropriate decrease in the
<br /> ' Contract Price. If the parties are unable to agree as to the
<br /> D. CONTRACTOR's obligations under this paragraph amount of the adjustment, OWNER may make a
<br /> Claim
<br /> 13.07 are in addition to any other obligation or warranty. The therefore as provided in paragraph 10.05. Such claims,
<br /> costs ,
<br /> provisions of this paragraph 13.07 shall not be construed as a losses and damages will include but not be limited to all costs of
<br /> substitute for or a waiver of the provisions of any applicable repair, or replacement of work of others destroyed or damaged
<br /> statute of limitation or repose. by correction, removal, or replacement of CONTRACTOR's
<br /> defective Work.
<br /> 13.08 Acceptance of Defective Work
<br /> D. CONTRACTOR shall not be allowed an extension of
<br /> A. If, instead of requiring correction or removal and the Contract Times (or Milestones) because of any delay
<br /> in the
<br /> replacement of defective Work, OWNER (and, prior to performance of the Work attributable to the exercise
<br /> by
<br /> ENGINEER's recommendation of final payment, ENGINEER) OWNER of OWNER's rights and remedies under this
<br /> prefers to accept it, OWNER may do so. CONTRACTOR shall paragraph 13.09.
<br /> ' pay all Claims , costs , losses, and damages (including but not
<br /> limited to all fees and charges of engineers, architects,
<br /> attorneys, and other professionals and all court or arbitration or ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
<br /> other dispute resolution costs) attributable to OWNER's COMPLETION
<br /> ' evaluation of and determination to accept such defective Work
<br /> (such costs to be approved by ENGINEER as to
<br /> reasonableness) and the diminished value of the Work to the 14.01 Schedule of Values
<br /> extent not otherwise paid by CONTRACTOR pursuant to this
<br /> sentence. If any such acceptance occurs prior to ENGINEER's A. The schedule of values established as provided in
<br /> recommendation of final payment, a Change Order will be paragraph 2.07A will serve as the basis for progress payments
<br /> issued incorporating the necessary revisions in the Contract and will be incorporated into a form of Application for
<br /> Payment
<br /> Documents with respect to the Work, and OWNER shall be acceptable to ENGINEER. Progress payments on account of
<br /> entitled to an appropriate decrease in the Contract Price, Unit Price Work will be based
<br /> on the number of units
<br /> reflecting the diminished value of Work so accepted. If the completed.
<br /> parties are unable to agree as to the amount thereof, OWNER
<br /> may make a Claim therefore as provided in paragraph 10.05. If 14.02 Progress Payments
<br /> the acceptance occurs after such recommendation, an
<br /> appropriate amount will be paid by CONTRACTOR to OWNER. A. Applications for Payments
<br /> 13.09 OWNER May Correct Defective Work 1 .At least 20 days before the date established for
<br /> each progress payment (but not more often than once a
<br /> A. If CONTRACTOR fails within a reasonable time after month), CONTRACTOR shall submit to ENGINEER for
<br /> written notice from ENGINEER to correct defective Work or to review an Application for Payment filled out and signed
<br /> remove and replace rejected Work as required by ENGINEER by CONTRACTOR covering the Work completed as of
<br /> ' in accordance with paragraph 13.06.A, or if CONTRACTOR the date of the Application and accompanied by such
<br /> fails to perform the Work in accordance with the Contract supporting documentation as is required by the Contract
<br /> Documents, or if CONTRACTOR fails to comply with any other Documents . If payment is requested on the basis of
<br /> provision of the Contract Documents , OWNER may, after seven materials and equipment not incorporated in the Work
<br /> ' days written notice to CONTRACTOR, correct and remedy any but delivered and suitably stored at the Site or
<br /> at
<br /> such deficiency. another location agreed to in writing , the Application for
<br /> Payment shall also be accompanied by a bill of sale,
<br /> B. In exercising the rights and remedies under this invoice, or other documentation warranting that
<br /> ' paragraph, OWNER shall proceed expeditiously. In connection OWNER has received the materials and equipment free
<br /> with such corrective and remedial action, OWNER may exclude and clear of all Liens and evidence that the materials
<br /> CONTRACTOR from all or part of the Site, take possession of and equipment are covered by appropriate property
<br /> all or part of the Work and suspend CONTRACTOR's services insurance or other arrangements to protect OWNER's
<br /> related thereto, take possession of CONTRACTOR's tools , interest therein, all of which must be satisfactory
<br /> to
<br /> appliances, constriction equipment and machinery at the Site, OWNER.
<br /> and incorporate in the Work all materials and. equipment stored
<br /> at the Site or for which OWNER has paid CONTRACTOR but
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