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any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or B. In exercising the rights and remedies under removed and replaced under this paragraph 13 07, this paragraph, OWNER shall proceed expeditiously the correction period hereunder with respect to such In connection with such corrective and remedial Work will be extended for an additional period of one action, OWNER may exclude CONTRACTOR from all year after such correction or removal and replacement or part of the Site, take possession of all or part of the has been satisfactorily completed. Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, D. CONTRACTOR's obligations under this appliances, construction equipment and machinery at paragraph 13.07 are in addition to any other obligation the Site, and incorporate in the Work all materials and or warranty. The provisions of this paragraph 13 07 equipment stored at the Site or for which OWNER has shall not be construed as a substitute for or a waiver paid CONTRACTOR but which are stored elsewhere. of the provisions of any applicable statute of limitation CONTRACTOR shall allow OWNER, OWNER's or repose. representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's 13 08 Acceptance of Defective Work Consultants access to the Site to enable OWNER to exercise the rights and remedies under this A. If, instead of requiring correction or removal paragraph. and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final pay- C. All Claims, costs, losses, and damages ment, ENGINEER) prefers to accept it, OWNER may (including but not limited to all fees and charges of do so CONTRACTOR shall pay all Claims, costs, engineers, architects, attorneys, and other losses, and damages (including but not limited to all professionals and all court or arbitration or other fees and charges of engineers, architects, attorneys, dispute resolution costs) incurred or sustained by and other professionals and all court or arbitration or OWNER in exercising the rights and remedies under other dispute resolution costs) attributable to this paragraph 13 09 will be charged against CON- OWNER's evaluation of and determination to accept TRACTOR, and a Change Order will be issued such defective Work (such costs to be approved by incorporating the necessary revisions in the Contract ENGINEER as to reasonableness)and the diminished Documents with respect to the Work; and OWNER value of the Work to the extent not otherwise paid by shall be entitled to an appropriate decrease in the CONTRACTOR pursuant to this sentence. If any Contract Price If the parties are unable to agree as to such acceptance occurs prior to ENGINEER's recom- the amount of the adjustment, OWNER may make a mendation of final payment, a Change Order will be Claim therefor as provided in paragraph 10.05 Such issued incorporating the necessary revisions in the claims, costs, losses and damages will include but not Contract Documents with respect to the Work, and be limited to all costs of repair, or replacement of work OWNER shall be entitled to an appropriate decrease of others destroyed or damaged by correction, in the Contract Price, reflecting the diminished value of removal, or replacement of CONTRACTOR's Work so accepted If the parties are unable to agree defective Work. as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the D CONTRACTOR shall not be allowed an acceptance occurs after such recommendation, an extension of the Contract Times (or Milestones) appropriate amount will be paid by CONTRACTOR to because of any delay in the performance of the Work OWNER. attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. 13 09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13 06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with 00700-General Conditions REV 5-10-13.doc 00700-38 FAPublic Works\ENGINEERING DIVISION PROJECTS1084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admlm\bid documentsWaster Contract Documents\00700-General Conditions REV 5-10-13.doc