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with the terms of such instructions , or in an therefor as provided in paragraph 10 . 05 . If the
<br /> emergency where delay would cause serious risk of acceptance occurs after such recommendation , an
<br /> loss or damage , OWNER may have the defective appropriate amount will be paid by CONTRACTOR to
<br /> Work corrected or repaired or may have the rejected OWNER .
<br /> Work removed and replaced , and all Claims , costs ,
<br /> losses , and damages ( including but not limited to all 13 . 09 OWNER May Correct Defective Work
<br /> fees and charges of engineers , architects , attorneys ,
<br /> and other professionals and all court or arbitration or A . If CONTRACTOR fails within a reasonable
<br /> other dispute resolution costs ) arising out of or relating time after written notice from ENGINEER to correct
<br /> to such correction or repair or such removal and defective Work or to remove and replace rejected
<br /> replacement ( including but not limited to all costs of Work as required by ENGINEER in accordance
<br /> with
<br /> repair or replacement of work of others ) will be paid by paragraph 13 . 06 . A, or if CONTRACTOR fails to
<br /> CONTRACTOR . perform the Work in accordance with the Contract
<br /> Documents , or if CONTRACTOR fails to comply with
<br /> B . In special circumstances where a particular any other provision of the Contract Documents ,
<br /> item of equipment is placed in continuous service OWNER may, after seven days written notice to
<br /> before Substantial Completion of all the Work , the CONTRACTOR , correct and remedy any such
<br /> correction period for that item may start to run from an deficiency .
<br /> earlier date if so provided in the Specifications or by
<br /> Written Amendment . B . In exercising the rights and remedies under
<br /> this paragraph , OWNER shall proceed expeditiously .
<br /> C - Where defective Work (and damage to other In connection with such corrective and remedial
<br /> Work resulting therefrom ) has been corrected or action , OWNER may exclude CONTRACTOR from all
<br /> removed and replaced under this paragraph 13 . 07 , or part of the Site , take possession of all or part of the
<br /> the correction period hereunder with respect to such Work and suspend CONTRACTOR's services related
<br /> WorK-\tvjl [ -be extended for anaddJi_ l- petd -off -onekher_et lake _p se�s.i ��GQNT�3ACTOB _ toolsY_
<br /> year after such correction or removal and replacement appliances , construction equipment and machinery at
<br /> has been satisfactorily completed . the Site , and incorporate in the Work all materials and
<br /> equipment stored at the Site or for which OWNER has
<br /> D . CONTRACTOR's obligations under this paid CONTRACTOR but which are stored elsewhere .
<br /> paragraph 13 . 07 are in addition to any other obligation CONTRACTOR shall allow OWNER, OWNER's
<br /> or warranty. The provisions of this paragraph 13 . 07 representatives , agents and employees , OWNER's
<br /> shall not be construed as a substitute for or a waiver other contractors , and ENGINEER and ENGINEER's
<br /> of the provisions of any applicable statute of limitation Consultants access to the Site to enable OWNER
<br />to
<br /> or repose . exercise the rights and remedies under this
<br /> paragraph .
<br /> 13 . 08 Acceptance of Defective Work
<br /> C . All Claims , costs , losses , and damages
<br /> A. If, instead of requiring correction or removal ( including but not limited to all fees and
<br /> charges of
<br /> and replacement of defective Work , OWNER (and , engineers , architects , attorneys , and other
<br /> prior to ENGINEER 9s recommendation of final pay- professionals and all court or arbitration or other
<br /> ment , ENGINEER ) prefers to accept it , OWNER may dispute resolution costs ) incurred or sustained by
<br /> do so . CONTRACTOR shall pay all Claims , costs , OWNER in exercising the rights and remedies under
<br /> losses , and damages ( including but not limited to all this paragraph 13 . 09 will be charged against
<br /> CON -
<br /> fees and charges of engineers , architects , attorneys , TRACTOR , and a Change Order will be issued
<br /> and other professionals and all court or arbitration or incorporating the necessary revisions in the Contract
<br /> other dispute resolution costs ) attributable to Documents with respect to the Work ; and OWNER
<br /> OWNER's evaluation of and determination to accept shall be entitled to an appropriate decrease
<br />in the
<br /> such defective Work (such costs to be approved by Contract Price . If the parties are unable to agree
<br />as to
<br /> ENGINEER as to reasonableness ) and the diminished the amount of the adjustment , OWNER may make a
<br /> value of the Work to the extent not otherwise paid by Claim therefor as provided in paragraph 10 . 05 . Such
<br /> CONTRACTOR pursuant to this sentence . If any claims , costs , losses and damages will include but not
<br /> such acceptance occurs prior to ENGINEER's recom - be limited to all costs of repair , or replacement of work
<br /> mendation of final payment, a Change Order will be of others destroyed or damaged by correction ,
<br /> issued incorporating the necessary revisions in the removal , or replacement of CONTRACTOR's
<br /> Contract Documents with respect to the Work , and defective Work .
<br /> OWNER shall be entitled to an appropriate decrease
<br /> in the Contract Price , reflecting the diminished value of D . CONTRACTOR shall not be allowed an
<br /> Work so accepted . If the parties are unable to agree extension of the Contract Times ( or Milestones )
<br /> as to the amount thereof, OWNER may make a Claim because of any delay in the performance of the Work
<br /> 00700- General Cond tions REV 04-07 . doc
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<br /> REV 04-07 .doc
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