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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 />ENGINEER as to reasonableness) and the diminished
<br />value of the Work to the extent not otherwise paid by
<br />CONTRACTOR pursuant to this sentence. If any
<br />such acceptance occurs prior to ENGINEER's recom-
<br />mendation of final payment, a Change Order will be
<br />issued incorporating the necessary revisions in the
<br />Contract Documents with respect to the Work, and
<br />OWNER shall be entitled to an appropriate decrease
<br />in the Contract Price, reflecting the diminished value of
<br />Work so accepted. If the parties are unable to agree
<br />as to the amount thereof, OWNER may make a Claim
<br />therefor as provided in paragraph 10.05. If the
<br />acceptance occurs after such recommendation, an
<br />appropriate amount will be paid by CONTRACTOR to
<br />OWNER.
<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 />any other provision of the Contract Documents,
<br />OWNER may, after seven days written notice to
<br />CONTRACTOR, correct and remedy any such
<br />deficiency.
<br />B. In exercising the rights and remedies under
<br />this paragraph, OWNER shall proceed expeditiously.
<br />In connection with such corrective and remedial
<br />action, OWNER may exclude CONTRACTOR from all
<br />or part of the Site, take possession of all or part of the
<br />Work and suspend CONTRACTOR's services related
<br />thereto, take possession of CONTRACTOR's tools,
<br />appliances, construction equipment and machinery at
<br />the Site, and incorporate in the Work all materials and
<br />equipment stored at the Site or for which OWNER has
<br />paid CONTRACTOR but which are stored elsewhere.
<br />CONTRACTOR shall allow OWNER, OWNER's
<br />representatives, agents and employees, OWNER's
<br />other contractors, and ENGINEER and ENGINEER's
<br />Consultants access to the Site to enable OWNER to
<br />exercise the rights and remedies under this
<br />paragraph.
<br />C. All Claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other
<br />dispute resolution costs) incurred or sustained by
<br />OWNER in exercising the rights and remedies under
<br />this paragraph 13.09 will be charged against CON-
<br />TRACTOR, and a Change Order will be issued
<br />incorporating the necessary revisions in the Contract
<br />Documents with respect to the Work, and OWNER
<br />shall be entitled to an appropriate decrease in the
<br />Contract Price. If the parties are unable to agree as to
<br />the amount of the adjustment, OWNER may make a
<br />Claim therefor as provided in paragraph 10.05. Such
<br />claims, costs, losses and damages will include but not
<br />be limited to all costs of repair, or replacement of work
<br />of others destroyed or damaged by correction,
<br />removal, or replacement of CONTRACTOR's
<br />defective Work.
<br />D. CONTRACTOR shall not be allowed an
<br />extension of the Contract Times (or Milestones)
<br />because of any delay in the performance of the Work
<br />attributable to the exercise by OWNER of OWNER's
<br />rights and remedies under this paragraph 13.09.
<br />00700 - General ConMons Master
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