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OWNER may make a Claim therefor as provided in
<br />paragraph 10.05. If, however, such Work is not found
<br />to :be defective, CONTRACTOR shall be allowed an
<br />increase in the Contract Price or an extension of the
<br />Contract Times (or Milestones), or both, directly
<br />attributable to such uncovering, exposure,
<br />observation, inspection, testing, replacement, and
<br />reconstruction. If the parties are unable to agree as to
<br />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 />TRACTOR to stop the Work, or any portion- thereof,
<br />until the cause for such order has been eliminated;
<br />however, this right of OWNER to stop the Work shall
<br />exercise this right for the benefit of CONTRACTOR,
<br />any Subcontractor, any Supplier, any other individual
<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 />Completion or such longer period of time as may bo
<br />prescribed by Laws or Regulations or by the terms of
<br />any applicable special guarantee required by the
<br />Contract Documents or by any specific provision of the
<br />Contract Documents, any Work is found to be
<br />defective, or, if the repair of any damages to the land
<br />or areas made available for CONTRACTOR's use by
<br />1
<br />defective, CONTRACTOR shall promptly, without cost
<br />to OWNER and in accerdance with OWNER's written
<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 />work of others or other land or areas 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 />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 />B. in special circumstances where a particular
<br />item of equipment is placed in continuous service
<br />correction period for that item may s
<br />a .1 e
<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 />00700 - General Conditions REV 5-10-13
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