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the correction period hereunder with respect to such related thereto , take possession of CONTRACTOR ' s
<br /> Work will be extended for an additional period of one tools , appliances , construction equipment and
<br /> year after such correction or removal and re- machinery at the Site , and incorporate in the Work all
<br /> placement has been satisfactorily completed , materials and equipment stored at the Site or for
<br /> which OWNER has paid CONTRACTOR but which
<br /> D . CONTRACTOR ' s obligations under this are stored elsewhere . CONTRACTOR shall allow
<br /> paragraph 13 . 07 are in addition to any other obligation OWNER , OWNER ' s representatives , agents and
<br /> or warranty . The provisions of this paragraph 13 . 07 employees , OWNER Is other contractors , and ENGI -
<br /> shall not be construed as a substitute for or a waiver NEER and ENGINEER ' s Consultants access to the
<br /> of the provisions of any applicable statute of limitation Site to enable OWNER to exercise the rights and
<br /> or repose . remedies under this paragraph .
<br /> 13 . 08 Acceptance of Defective Work C . All Claims , costs , losses , and damages
<br /> ( including but not limited to all fees and charges of
<br /> A. If, instead of requiring correction or removal engineers , architects , attorneys , and other
<br /> and replacement of defective Work , OWNER (and , professionals and all court or arbitration or other
<br /> prior to ENGINEER ' s recommendation of final pay- dispute resolution costs) incurred or sustained by
<br /> ment, ENGINEER ) prefers to accept it, OWNER may OWNER in exercising the rights and remedies under
<br /> do so . CONTRACTOR shall pay all Claims , costs , this paragraph 13 . 09 will be charged against
<br /> CON .
<br /> losses , and damages ( including but not limited to all TRACTOR , and a Change Order will be issued
<br /> fees and charges of engineers , architects , attorneys , incorporating the necessary revisions in the Contract
<br /> and other professionals and all court or arbitration or Documents with respect to the Work ; and OWNER
<br /> other dispute resolution costs) attributable to shall be entitled to an appropriate decrease in
<br /> the
<br /> OWNER ' s evaluation of and determination to accept Contract Price . If the parties are unable to agree as
<br /> such defective Work (such costs to be approved by to the amount of the adjustment, OWNER may make
<br /> ENGINEER as to reasonableness) and the a Claim therefor as provided in paragraph 10 . 05 .
<br /> diminished value of the Work to the extent not Such claims , costs , losses and damages will include
<br /> otherwise paid by CONTRACTOR pursuant to this but not be limited to all costs of repair, or replacement
<br /> sentence . If any such acceptance occurs prior to of work of others destroyed or damaged by
<br /> ENGINEER 's recommendation of final payment, a correction , removal , or replacement of
<br /> Change Order will be issued incorporating the CONTRACTOR 's defective Work,
<br /> necessary revisions in the Contract Documents with
<br /> respect to the Work , and OWNER shall be entitled to D . CONTRACTOR shall not be allowed an
<br /> an appropriate decrease in the Contract Price , extension of the Contract Times (or Milestones)
<br /> reflecting the diminished value of Work so accepted . because of any delay in the performance of the Work
<br /> If the parties are unable to agree as to the amount attributable to the exercise by OWNER of OWNER 's
<br /> thereof, OWNER may make a Claim therefor as rights and remedies under this paragraph 13 . 09 .
<br /> provided in paragraph 10 . 05 . If the acceptance
<br /> occurs after such recommendation , an appropriate
<br /> amount will be paid by CONTRACTOR to OWNER . ARTICLE 14 - PAYMENTS TO CONTRACTOR
<br /> AND COMPLETION
<br /> 13 . 09 OWNER May Correct Defective Work
<br /> A. If CONTRACTOR fails within a reasonable 14 . 01 Schedule of Values
<br /> time after written notice from ENGINEER to correct
<br /> defective Work or to remove and replace rejected A. The schedule of values established as
<br /> Work as required by ENGINEER in accordance with provided in paragraph 2 . 07 . A will serve as the basis
<br /> paragraph 13 . 06 . A, or if CONTRACTOR fails to for progress payments and will be incorporated into a
<br /> perform the Work in accordance with the Contract form of Application for Payment acceptable to ENGI -
<br /> Documents , or if CONTRACTOR fails to comply with NEER . Progress payments on account of Unit Price
<br /> any other provision of the Contract Documents , Work will be based on the number of units completed .
<br /> OWNER may, after seven days written notice to
<br /> CONTRACTOR , correct and remedy any such 14 . 02 Progress Payments
<br /> deficiency.
<br /> B . In exercising the rights and remedies under A. Applications for Payments
<br /> this paragraph , OWNER shall proceed expeditiously. 1 . At least 20 days before the date
<br /> In connection with such corrective and remedial established for each progress payment ( but not
<br /> action , OWNER may exclude CONTRACTOR from more often than once a month ) ,
<br /> all or part of the Site , take possession of all or part of CONTRACTOR shall submit to ENGINEER for
<br /> the Work and suspend CONTRACTOR 's services review an Application for Payment filled out
<br /> 00700 - General Conditions REV 04-07. doc
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