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the amount or extent thereof, CONTRACTOR may <br />make a Claim therefor as provided in paragraph <br />10.05. <br />13.05 OWNER May Stop the Work <br />A. If the Work is defective, or CONTRACTOR <br />A Si <br />- mama- - ' <br />A <br />however, this right of OWNER to stop the Work shall <br />Work removed and replaced, and all Claims, costs, <br />losses, and damages (including but not limited to all <br />fees and charges of engineers, architects, attorneys, <br />and other professionals and all court or arbitration or <br />other dispute resolution costs) arising out of or relating <br />to such correction or repair or such removal and <br />replacement (including but not limited to all costs of <br />repair or replacement of work of others) will be paid by <br />CONTRACTOR. <br />before Substantial Completion of all the Work, the <br />correction period for that item may <br />exercise this right for the benefit of CONTRACTOR, <br />any of them. <br />13.06 Correction or Removal of Defective Work <br />A. CONTRACTOR shall correct all defective <br />Work, whether or not fabricated, installed, or <br />completed, or, if the Work has been rejected by ENGI- <br />NEER, remove it from the Project and replace it with <br />Work that is not defective. CONTRACTOR shall pay <br />all Claims, costs, losses, and damages (including but <br />not limited to all fees and charges of engineers, <br />architects, attorneys, and other professionals and all <br />court or arbitration or other dispute resolution costs) <br />arising out of or relating to such correction or removal <br />(including but not limited to all costs of repair or <br />replacement of work of others). <br />13.07 Correction Period <br />A. If within one year after the date of Substantial <br />prescribed by Laws or Regulations or by the terms of <br />ES <br />= • <br />•'• <br />at a <br />a• <br />• . <br />• <br />da <br />contemplated in paragraph 6.11.A is found to be <br />instructions: (i) repair such defective land or areas, or <br />(ii) correct such defective Work or, if the defective <br />Work has been rejected by OWNER, remove it from <br />the Project and replace it with Work that is not <br />defective, and (in) satisfactorily correct or repair or <br />remove and replace any damage to othcr Work, to the <br />work of others or other land or ar as resulting there <br />from. If CONTRACTOR does not promptly comply <br />with the terms of such instructions, or in an <br />emergency where delay would cause serious risk of <br />loss or damage, OWNER may have the defective <br />Work corrected or repaired or may have the rejected <br />Written Amendment. <br />C. Where defective Work (and damage to other <br />Work resulting therefrom) has been corrected or <br />removed and replaced under this paragraph 13.07, <br />the correction period hereunder with respect to such <br />Work will be extended for an additional period of one <br />year after such correction or removal and replacement <br />has been satisfactorily completed. <br />D. CONTRACTOR's obligations under this <br />paragraph 13.07 are in addition to any other obligation <br />or warranty. The provisions of this paragraph 13.07 <br />shall not be construed as a substitute for or a waiver <br />of the provisions of any applicable statute of limitation <br />or repose. <br />13.08 Acceptance of Defective Work <br />A. If, instead of requiring correction or removal <br />and replacement of defective Work, OWNER (and <br />prior to ENGINEER's recommendation of final pay- <br />ment, ENGINEER) prefers to accept it, OWNER may <br />do so. CONTRACTOR shall pay all Claims, costs, <br />losses, and damages (including but not limited to all <br />fees and charges of engineers, architects, attorneys <br />and other professionals and all court or arbitration or <br />other dispute resolution costs) attributable to <br />OWNER's evaluation of and determination to accept <br />such defective Work (such costs to be approved by <br />ENGINEER as to reasonableness) and the diminished <br />value of the Work to the extent not otherwise paid by <br />CONTRACTOR pursuant to this sentence. If any <br />such acceptance occurs prior to ENGINEER's recom- <br />mendation of final payment, a Change Order will be <br />issued incorporating the necessary revisions in the <br />Contract Documents with respect to the Work, and <br />OWNER shall be entitled to an appropriate decrease <br />in the Contract Price, reflecting the diminished value of <br />Work so accepted. If the parties are unable to agree <br />as to the amount thereof, OWNER may make a Claim <br />therefor as provided in paragraph 10.05 If the <br />acceptance occurs after such recommendation, an <br />appropriate amount will be paid by CONTRACTOR to <br />OWNER. <br />00700 - General Conditions REV 5.10-13.doc <br />00700 - 35 <br />F:1Public Works\ENGINEERING DIVISION PROJECTS\1213-IRC Shooting Range -Skeet & Trap Improvemnts & Hunters Train BldgWdmim\bid documents\Contract Documents\00700 - <br />General Conditions REV 5-10-13.doc <br />