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Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final pay- ment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recom- mendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 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 any other provision of the Contract Documents, OWNER may, after seven days writte notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and rem this paragraph, OWNER shall proceed e In connection with such corrective a action, OWNER may exclude CONTRAC or part of the Site, take possession of all • Work and suspend CONTRACTOR's se thereto, take possession of CONTRAC appliances, construction equipment and the Site, and incorporate in the Work all m equipment stored at the Site or for which • paid CONTRACTOR but which are stored CONTRACTOR shall allow OWNER, representatives, agents and employees, other contractors, and ENGINEER and E Consultants access to the Site to enable exercise the rights and remedies paragraph. -dies under peditiously. d remedial OR from all r part of the ices related OR's tools, achinery at terials and WNER has elsewhere. OWNER's OWNER's GINEER's •WNER to nder this C. All Claims, costs, losses, an. damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitratio or other dispute resolution costs) incurred or s stained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged ag : inst CON- TRACTOR, and a Change Order will be issued incorporating the necessary revisions in t e Contract Documents with respect to the Work; an. OWNER shall be entitled to an appropriate decr-ase in the Contract Price. If the parties are unable to :gree as to the amount of the adjustment, OWNER ay make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will incl de but not be limited to all costs of repair, or replacem-nt of work of others destroyed or damaged by correction, removal, or replacement of CONT • CTOR's defective Work. D. CONTRACTOR shall not be -(lowed an extension of the Contract Times (or ilestones) because of any delay in the performance .f the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 1 .09. ARTICLE 14 - PAYMENTS TO CONTRA TOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established ed in paragraph 2.07.A will serve as the progress payments and will be incorpor form of Application for Payment acceptabl 00700 - General Conditions as provid- basis for ed into a to ENGI- EV 5-10-13.doc 00700 - 37 F:1Public WorksIENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th StlAdmin\bid documents Master Contract Documents \00700 - General Gond tions REV 5-10- 13.doc