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of CONTRACTOR's intention to cover the same and
<br />ENGINEER has not acted with reasonable prompt-
<br />ness in response to such notice.
<br />13.04 Uncovering Work
<br />A. If any Work is covered contrary to the written
<br />request of ENGINEER, it must, if requested by ENGI-
<br />NEER, be uncovered for ENGINEER's observation
<br />and replaced at CONTRACTOR's expense.
<br />B. If ENGINEER considers it necessary or
<br />advisable that covered Work be observed by ENGI-
<br />NEER or inspected or tested by others, CONTRAC-
<br />TOR, at ENGINEER's request, shall uncover, expose,
<br />or otherwise make available for observation, inspec-
<br />tion, or testing as ENGINEER may require, that
<br />portion of the Work in question, furnishing all neces-
<br />sary labor, material, and equipment. If it is found that
<br />such Work is defective, CONTRACTOR shall pay all
<br />Claims, costs, losses, and damages (including but not
<br />limited to all fees and charges of engineers, architects,
<br />attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) arising out
<br />of or relating to such uncovering, exposure, observa-
<br />tion, inspection, and testing, and of satisfactory
<br />replacement or reconstruction (including but not
<br />limited to all costs of repair or replacement of work of
<br />others); and OWNER shall be entitled to an
<br />appropriate decrease in the Contract Price. If the
<br />parties are unable to agree as to the amount thereof,
<br />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 />however, this right of OWNER to stop the Work shall
<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 />Contract Documents, any Work is found to—bc
<br />(ii) correct such defective Work or, if the dcfectivc
<br />Work has been rejected by OWNER, remove it from
<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 />before Substantial Completion of all the Work, the
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