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C. Where defective Work (and damage to other <br />Work resulting ihenahnnl) 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 baextended for anadditional period ofone <br />year after such correction orremoval and replacement <br />has been satisfactorily completed. <br />D. under this <br />paragraph 13.D7are in addition to any other obligation <br />or warranty. The provisionsofthis paragraph 18.07 <br />oho|| not be construed as a substitute for orowaiver <br />ofthe provisions ofany applicable statute oflimitation <br />orrepoaa. <br />13.08 Acceptance ofDefective Work <br />A. If, instead of requiring conecUonorremoval <br />and replacement of defective Work, OWNER (und. <br />prior to ENG|NEER's recommendation of final pay- <br />ment, ENGINEER) prefers to accept it, OWNER may <br />ay-ment.ENBNEER)preferabzaccmptit.OVVNERmay <br />do so. CONTRACTOR shall pay all C|ainnm. costo. <br />|ooseo, and damages (including but not limited to all <br />fees and charges ofengineers, architects, attorneys, <br />and other professionals and all court orarbitration or <br />other dispute resolution costs) attributable to <br />OVV0ER's evaluation of and determination to accept <br />such defective Work (such costs hmbaapproved by <br />ENGINEER oatoreasonableness) 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 b»ENG|NEEF1'arecom- <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 boentitled toan appropriate decrease <br />inthe Contract Price, reflecting the diminished value of <br />Work aoaccepted. If the parties are unableto agree <br />oetothe amount thereof, OWNER may make mClaim <br />therefor as provided in paragraph 10.05. If the <br />acceptance occurs after such nacomnmendmdon, on <br />appropriate amount will bepaid byCONTRACTOR to <br />OWNER. <br />13.08 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 orto 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 mcoonjanma with the 'Contract <br />Documante, or if CONTRACTOR fails to comply with <br />any other of the Contract Documents, <br />OWNER may, after seven days written notice to <br />CONTR/CTOR, correct and nannody 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 />orpart ofthe Site, take possession ofall orpart ofthe <br />Work and suspend CC}NTRACTOR|'sservices related <br />thereto, take possession ofCONTRACTOR'atools, <br />app|ianmao, construction equipment and machinery at <br />the Site, and incorporate inthe Work all materials and <br />equipment stored atthe Site orfor which OWNER has <br />id CONTRACTOR but which are stored elsewhere. <br />CONTRACTOR ahsd| allow {WNEFl. OVVNEF{'o <br />nepnasontativoa, agents and employees, OWNER'n <br />other contractors, and ENGINEER and ENG|NEER'a <br />Consultants access tothe Site bzenable OWNER to <br />exercise the rights and remedies under this <br />paragraph. <br />C All Claims, costs, losses, and damages <br />but not limited toall fees and charges of <br />engineena, anchhacts, 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 he issued <br />incorporating the necessary revisions in the Contract <br />Documents with respect tothe Work; and OWNER <br />mho|| be entitled to an appropriate decrease in the <br />Contract Price. |fthe parties are unable bzagree aabo <br />the amount of the adjustment, OWNER may make o <br />Claim therefor as provided in paragraph 10.05. Such <br />claims, costs, losses and damages will include but not <br />bolimited toall costs ofrepair, orreplacement ofwork <br />of others destroyed or damaged by conection, <br />removal, or replacement of CO0lFR/VCT{]R's <br />defective Work. <br />D. CONTRACTOR shall not be allowed on <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 Conditions REV 5-10-13 <br />00mo-38 <br />p:T"bli"wmms\EmewsERoNanwmmwppoJEoTSnxmxm512 Re"urfmcopUMym"mw12mxmvw=mmidu="rn=wW°ste,Contract ooc"ne"tsNmn00'General Conditions <br />