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Contract Times (or Milestones ) , or both , directly work of others or other land or 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 /> Aso If the Work ms d8fEIGWIBor G i R.A.C. TO. R other dispute resolution costs ) arising out of or relating
<br /> to such correction or repair or such removal and
<br /> materma !6 or I fails to perform the Work ! R replacement ( including but not limited to all costs
<br /> of
<br /> repair or replacement of work of others ) will be paid by
<br /> CONTRACTOR .
<br /> B . In special circumstances where a particular
<br /> however , this right of QVVlSjF= R te step thA Wnrk shall
<br /> item of equipment is placed in continuous service
<br /> before Substantial Completion of all the Work , the
<br /> exemise this right for the henefit of CONTRACTOR, correction period for that item may start to run from an
<br /> earlier date if so provided in the Specifications or by
<br /> Written Amendment ,
<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 ENGk 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 year after the date of Substantial and replacement of defective Work , OWNER ( and
<br />,
<br /> Completion or such longer period of time as may be prior to ENGINEER Is recommendation of final
<br /> pay-
<br /> prescribed by Laws or Regulations or by the terms of ment, ENGINEER) prefers to accept it, OWNER may
<br /> any applicable special guarantee required by the do so . CONTRACTOR shall pay all Claims , costs ,
<br /> Contract Documents or by any specific provision of the losses , and damages ( including but not limited to all
<br /> Contract Documents , any Work is found to be fees and charges of engineers , architects , attorneys ,
<br /> defective , or if the repair of any damages to the land and other professionals and all court or arbitration
<br /> or
<br /> or areas made available for CONTRACTOR's use by other dispute resolution costs ) attributable to
<br /> OWNER or permitted by Laws and Regulations as OWNER's evaluation of and determination to accept
<br /> contemplated in paragraph 6 . 11 .A is found to be such defective Work ( such costs to be approved by
<br /> defective , CONTRACTOR shall promptly, without cost ENGINEER as to reasonableness ) and the diminished
<br /> to OWNER and in accordance with OWNER's written value of the Work to the extent not otherwise paid by
<br /> instructions : ( i ) repair such defective land or areas , or CONTRACTOR pursuant to this sentence . If any
<br /> ( ii ) correct such defective Work or , if the defective such acceptance occurs prior to ENGINEER's recom -
<br /> Work has been rejected by OWNER , remove it from mendation of final payment, a Change Order will
<br /> be
<br /> the Project and replace it with Work that is not issued incorporating the necessary revisions in the
<br /> defective , and ( iii ) satisfactorily correct or repair or Contract Documents with respect to the Work ,
<br /> and
<br /> remove and replace any damage to other Work , to the OWNER shall be entitled to an appropriate decrease
<br /> 00700 - General Conditions REV 04-07 .doc
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<br /> F1Public Works\ENGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\Contract Documents\00700 - General Conditions REV 04-07 .doc
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