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the Drn eGt and FepIaGe :t With 1 eFk that ; Ret mendation of final payment, a Change Order will be
<br /> r-rerSt eF fepai of issued incorporating the necessary revisions in the
<br /> 4emeve and _ Contract Documents with respect to the Work, and
<br /> OWNER.shall be entitled to an appropriate decrease
<br /> #em: If CONTRACTOR does not promptly comply in the Contract Price, reflecting the diminished value of
<br /> with the terms of such instructions, or in an Work so accepted, If the parties are unable to agree
<br /> emergency where delay would cause serious risk of as to the amount thereof, OWNER may make a Claim,
<br /> loss or damage; OWNER may have the defective therefor as provided. in paragraph 10.05 . If .the
<br /> Work corrected or repaired,or may have the rejected acceptance occurs after such recommendation,. an
<br /> "Work removed:and replaced, and all Claims, costs, appropriate amount will be paid'by CONTRACTOR_ to
<br /> losses, and damages (including but not limited to-all OWNER.
<br /> fees.and"charges of engineers, architects, attorneys, i
<br /> and other.professionals and all court or arbitration or 13.09 OWNER May Correct Defective Work.
<br /> other dispute resolution costs)arising out of or relating
<br /> to such correction or repair or -succi .removal and A. If CONTRACTOR, fails within a reasonable
<br /> replacement-(including' but not limited to all costs of time after written notice from ENGINEER to correct
<br /> repair or replacenhent-of-work of others)will be.paid'by defective Work or to remove and replace rejected i
<br /> CONTRACTOR: Work as required by ENGINEER in accordance with
<br /> paragraph 13.06.A, or if CONTRACTOR fails to
<br /> B. . _. pqrti perform the Work in accordance With the Contract
<br /> Documents, or if CONTRACTOR fails to comply with
<br /> befbFe Substantial G4npIetie_.n of -all the VVoFk, the any- other provision of the Contract. Documents;.
<br /> OWNER may, after. seven days written notice to
<br /> -q-9 PFeAded in the SpebifiGatiens 9F b CONTRACTOR, correct and remedy any such
<br /> deficiency.
<br /> C. Where-defective Work(and damage to other B: In:exercising the- rights and remedies under
<br /> Work resulting therefrom)' has been corrected or this paragraph; OWNER shall proceed expeditiously.
<br /> removed and replaced under this paragraph 13.07, In connection .with such corrective and remedial
<br /> the correction period hereunder with respect to such action, OWNER may excliide.CONTRACTOR from all
<br /> Work will be:extended for an--additiorial period of one or"part`of the.Site, take possession of all or part of the
<br /> year after such correction or removal and replacement Work and suspend CONTRACTOR's services related i
<br /> 'has been satisfactorily completed. thereto; take possession of CONTRACTOR's-tools;
<br /> appliances, construction equipment and machinery at
<br /> D. CONTRACTOR's obligations: -_under this the Site, and incorporate in theWork all materials'and
<br /> paragraph 13.07 are.in addition-to:any other obligation equipment stored'at the Site or for which OWNER'has
<br /> or.warranty. The provisions of this paragraph 13.07 paid CONTRACTOR,but which.are :_stored,eisewhere.
<br /> shall not be construed as;a substitute for,or a waiver CONTRACTOR shall allow OWNE_R,, OWNER's
<br /> of the provisions of any applicable statute.of limitation representatives, •agents-and employees; OWNER's
<br /> or repose: other contractors, and ENGINEER';an&ENGINEER's'
<br /> Consultants-access to the Site to enable OWNER to
<br /> 13.08 Acceptance of Defective.)Work; exercise: °the _rights: and remedies under- this,
<br /> _ paragraph._
<br /> A. If; instead of requiring correction.or removal
<br /> and replacement of,defective Work, OWNER ,(and, C.. _Ali Claims; costs, losses,; and damages
<br /> prior to ENGINEER's recommendation of final pay- (including bur notAmited_�to all fees and charg-other-
<br /> ,do
<br /> s of
<br /> :ment, ENGINEER) prefers_to-accept it, OWNER_may engineers;, architects,., -attorneys, and other
<br /> ,do so. CONTRACTOR shall pay=all Claims„ costs, professionals and all court or arbitration or other
<br /> ---,losses, and-damages-.(including-but=not limited�t. all— dispute resolution.costs) incurred-or sustained-by -
<br /> 'fees;and charges•of engineers, archifects; attorneys, OWNER in exercising rcising the rights and.remedies under
<br /> ,and other-professionals and all court or arbitration or this paragraph "13.09 will be charged:,against,CON=
<br /> other dispute. resolution costs)_ attributable to TRACTOR; and a, 'Change Order, will be issued.
<br /> OWNER'S evaluation of and determination:.to accept incorporating.the necessary revisions in-the Contract
<br /> such defectiVe 9rk(such costs.to be approved by Documents .with;respect to the Work; -and OWNER'
<br /> ENGINEER.-as to reasonableness)and ttie.diministied shall-be entitled to -an appropriate; decrease in the.
<br /> value of.the Work to ttie extent not otherwise paid by Contract Price. If the pa'rtiesaie unable-to agreeas to
<br /> •CONTRACTOR}pursuant to this sentence,. If_ any the amount.of.the adjustment,OWNER.maymakez
<br /> such acceptance occurs priorto.ENGINEER's'recoin- Claim�thereforas,provided in paragraph:10.05: Such
<br /> Oo00-General Conditions REV 5=10-13 '
<br /> - 00100-37
<br /> F:Vublic Wor 1616IHEERING DMSION PROJECTS\1330d.R.C.GoLine Transfer Hub%dminlbid documentsWaster Contrad DocumentsXO0700-General Conditions REV 5-10-13.doe
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