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any other provision of the Contract Documents,
<br /> OWNER may, after seven days written notice to
<br /> WFmt+eR me.,dme.,+ CONTRACTOR, correct and remedy any such
<br /> deficiency.
<br /> C. Where defective Work (and damage to other
<br /> Work resulting therefrom) has been corrected or B. In exercising the rights and remedies under
<br /> removed and replaced under this paragraph 13.07, this paragraph, OWNER shall proceed expeditiously
<br /> the correction period hereunder with respect to such In connection with such corrective and remedial
<br /> Work will be extended for an additional period of one action, OWNER may exclude CONTRACTOR from all
<br /> year after such correction or removal and replacement or part of the Site, take possession of all or part of the
<br /> has been satisfactorily completed. Work and suspend CONTRACTOR's services related
<br /> thereto, take possession of CONTRACTOR's tools,
<br /> D. CONTRACTOR's obligations under this appliances, construction equipment and machinery at
<br /> paragraph 13 07 are in addition to any other obligation the Site, and incorporate in the Work all materials and
<br /> or warranty The provisions of this paragraph 13.07 equipment stored at the Site or for which OWNER has
<br /> shall not be construed as a substitute for or a waiver paid CONTRACTOR but which are stored elsewhere.
<br /> of the provisions of any applicable statute of limitation CONTRACTOR shall allow OWNER, OWNER's
<br /> or repose representatives, agents and employees, OWNER's
<br /> other contractors, and ENGINEER and ENGINEER's
<br /> 13.08 Acceptance of Defective Work Consultants access to the Site to enable OWNER to
<br /> exercise the rights and remedies under this
<br /> A. If, instead of requiring correction or removal paragraph.
<br /> and replacement of defective Work, OWNER (and,
<br /> prior to ENGINEER's recommendation of final pay- C. All Claims, costs, losses, and damages
<br /> ment, ENGINEER) prefers to accept it, OWNER may (including but not limited to all fees and charges of
<br /> do so. CONTRACTOR shall pay all Claims, costs, engineers, architects, attorneys, and other
<br /> losses, and damages (including but not limited to all professionals and all court or arbitration or other
<br /> fees and charges of engineers, architects, attorneys, dispute resolution costs) incurred or sustained by
<br /> and other professionals and all court or arbitration or OWNER in exercising the rights and remedies under
<br /> other dispute resolution costs) attributable to this paragraph 13.09 will be charged against CON-
<br /> OWNER's evaluation of and determination to accept TRACTOR, and a Change Order will be issued
<br /> such defective Work (such costs to be approved by incorporating the necessary revisions in the Contract
<br /> ENGINEER as to reasonableness)and the diminished Documents with respect to the Work; and OWNER
<br /> value of the Work to the extent not otherwise paid by shall be entitled to an appropriate decrease in the
<br /> CONTRACTOR pursuant to this sentence. If any Contract Price. If the parties are unable to agree as to
<br /> such acceptance occurs prior to ENGINEER's recom- the amount of the adjustment, OWNER may make a
<br /> mendation of final payment, a Change Order will be Claim therefor as provided in paragraph 10 05 Such
<br /> issued incorporating the necessary revisions in the claims, costs, losses and damages will include but not
<br /> Contract Documents with respect to the Work, and be limited to all costs of repair, or replacement of work
<br /> OWNER shall be entitled to an appropriate decrease of others destroyed or damaged by correction,
<br /> in the Contract Price, reflecting the diminished value of removal, or replacement of CONTRACTOR's
<br /> Work so accepted. If the parties are unable to agree defective Work.
<br /> as to the amount thereof, OWNER may make a Claim
<br /> therefor as provided in paragraph 10.05. If the D. CONTRACTOR shall not be allowed an
<br /> acceptance occurs after such recommendation, an extension of the Contract Times (or Milestones)
<br /> appropriate amount will be paid by CONTRACTOR to because of any delay in the performance of the Work
<br /> OWNER. attributable to the exercise by OWNER of OWNER's
<br /> rights and remedies under this paragraph 13.09.
<br /> 13 09 OWNER May Correct Defective Work
<br /> A. If CONTRACTOR fails within a reasonable
<br /> time after written notice from ENGINEER to correct
<br /> defective Work or to remove and replace rejected
<br /> Work as required by ENGINEER in accordance with
<br /> paragraph 13.06.A, or if CONTRACTOR fails to
<br /> perform the Work in accordance with the Contract
<br /> Documents, or if CONTRACTOR fails to comply with
<br /> 00700-General Conditions REV 510-13
<br /> 00700-38
<br /> F:1Public WorWENGINEERING DNISION PROJECTS\1425 S County Park-General Use FieldtAdminlbid documentsWaster Contract Documentst00700-General Conditions REV 510-
<br /> 13.doc
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