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Contract Times ( or Milestones ) , or both , directly work Gf other-is or other land oF areas resulting there -
<br /> attributable to such uncovering , exposure , from- If CONTRACTOR does not promptly comply
<br /> observation , inspection , testing , replacement, and with the terms of such instructions , or in an
<br /> reconstruction . If the parties are unable to agree as to emergency where delay would cause serious risk of
<br /> the amount or extent thereof, CONTRACTOR may loss or damage , OWNER may have the defective
<br /> make a Claim therefor as provided in paragraph Work corrected or repaired or may have the rejected
<br /> 10 . 05 . Work removed and replaced , and all Claims , costs ,
<br /> losses , and damages ( including but not limited to all
<br /> 13 . 05 OWNER May Stop the Work fees and charges of engineers , architects , attorneys ,
<br /> and other professionals and all court or arbitration or
<br /> Al If the VV9Fk as defeGtive , or CONTRACTOR other dispute resolution costs ) arising out of or relating
<br /> to such correction or repair or such removal and
<br /> materials nr equipment nr fails to perform the Werk in replacement ( including but not limited to all
<br /> costs of
<br /> repair or replacement of work of others) will be paid by
<br /> the i2. n. Rtr.;;g.t DoGumentis , OWNER may order GON CONTRACTOR .
<br /> TRACTOR to stop the WaFk, oF any portion theFeof
<br /> until rause „ s the fpr cnh order habeen elirrinated ' B .
<br /> however,' this right of OWNER to c+np the Werk shall
<br /> item of equipment is plar.,ed. On rUemfim
<br /> Rot Hiverice to any d „fii on the Hart of 01A/AICD to
<br /> everniee this; right for the benefit of G. G. NTDAGTOR
<br /> any SubG9ntFaGt9F, any Supplier, any other individual earlier date Of se provided an the SPISIGAGations
<br /> or b
<br /> or or any su ” for, eF employee or agent e Written Amendment
<br /> entity, '
<br /> C . Where defective Work (and damage to other
<br /> 13 . 06 Correction or Removal of Defective Work Work resulting therefrom ) has been corrected or
<br /> removed and replaced under this paragraph 13 . 07 ,
<br /> A. CONTRACTOR shall correct all defective the correction period hereunder with respect to such
<br /> Work , whether or not fabricated , installed , or Work will be extended for an additional period of one
<br /> completed , or, if the Work has been rejected by ENGI - year after such correction or removal and replacement
<br /> NEER , remove it from the Project and replace it with has been satisfactorily completed .
<br /> Work that is not defective. CONTRACTOR shall pay
<br /> all Claims , costs , losses , and damages ( including but D . CONTRACTOR' s obligations under this
<br /> not limited to all fees and charges of engineers , paragraph 13 . 07 are in addition to any other obligation
<br /> architects , attorneys , and other professionals and all or warranty. The provisions of this paragraph 13
<br />. 07
<br /> court or arbitration or other dispute resolution costs) shall not be construed as a substitute for or
<br /> a waiver
<br /> arising out of or relating to such correction or removal of the provisions of any applicable statute of limitation
<br /> ( including but not limited to all costs of repair or or repose.
<br /> replacement of work of others) .
<br /> 13 . 08 Acceptance of Defective Work
<br /> 13 . 07 Correction Period
<br /> A. If, instead of requiring correction or removal
<br /> A if within one „ear after the da+e of c „ brO +antial and replacement of defective Work, OWNER (and
<br />,
<br /> prior to ENGINEER's recommendation of final pay-
<br /> ment, ENGINEER) prefers to accept it, OWNER may
<br /> any appliGable SpeGial guarantee required by the do so . CONTRACTOR shall pay all Claims, costs ,
<br /> losses , and damages ( including but not limited to all
<br /> GO .AtraArUt DGIGIUMeRtS , any Work 06 fOURd to be fees and charges of engineers , architects , attorneys ,
<br /> defeGtive or if the repair of any damages to the land and other professionals and all court or arbitration
<br /> 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 /> to OWNER and in aGGGFdaRGe with OWNER I s wFffitten value of the Work to the extent not otherwise paid by
<br /> n6tFUGtiGns : ( 6 ) repair SUGh defel3tive land or or CONTRACTOR pursuant to this sentence. If any
<br /> ►t�,TeGts�a��+iceWork er ;,f the defeG+� such acceptance occurs prior to ENGINEER's recom -
<br /> \ A ►nrL bac been relented by O\ A/AICD remove it from mendation of final payment, a Change Order will
<br /> be
<br /> the PFojeGt and replaGe it with Work -that is; not issued incorporating the necessary revisions in the
<br /> Contract Documents with respect to the Work, and
<br /> FernGve and FeplaGe any damage to other VVc) Fk , to the. OWNER shall be entitled to an appropriate decrease
<br /> 00700 - General Conditions REV 5- 10- 13. doc
<br /> 00700 - 36
<br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\1336-Gifford Senior Ballfield\Admin\bid documents\MasterContract\Contract Documents\00700 - General Conditions REV
<br /> 5-10-
<br /> 13. doc
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