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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 />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 />WGFk has been reieeted by OWNER, remove it frr.m
<br />the PFGjeGt and Fepl ne i4 with WeFk that is f
<br />`'Y avc c�via �rvc
<br />defeGtive, and (iii) satisfaisteFily GGrFeGt OF Fe
<br />Ferneve and replaGe any damage to other WeFl�, to the-
<br />frem. 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 />B.
<br />befeFe SubstaRtial Gempletion of ail the Work,
<br />eaFIieF date Of so provided iR the Spedfirvafiens el: by
<br />WF*tten AmeRdmen4
<br />C. Where defective Work (and damage to other
<br />Work resulting therefrom) has been corrected or
<br />removed and replaced under this paragraph 13.07,
<br />the correction period hereunder with respect to such
<br />Work will be extended for an additional period of one
<br />year after such correction or removal and replacement
<br />has been satisfactorily completed.
<br />D. CONTRACTOR's obligations under this
<br />paragraph 13.07 are in addition to any other obligation
<br />or warranty. The provisions of this paragraph 13.07
<br />shall not be construed as a substitute for or a waiver
<br />of the provisions of any applicable statute of limitation
<br />or repose.
<br />13.08 Acceptance of Defective Work
<br />A. If, instead of requiring correction or removal
<br />and replacement of defective Work, OWNER (and,
<br />prior to ENGINEER's recommendation of final pay-
<br />ment, ENGINEER) prefers to accept it, OWNER may
<br />do so. CONTRACTOR shall pay 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) attributable to
<br />OWNER's evaluation of and determination to accept
<br />such defective Work (such costs to be approved by
<br />00700 - General Conditions REV 5-10-13
<br />00700-37
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<br />10-13.doc
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