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satisfactory replacement or reconstruction (including
<br />but not limited to all costs of repair or replacement of
<br />work of 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
<br />to 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
<br />ENGINEER, remove it from the Project and replace it
<br />with Work that is not defective. CONTRACTOR shall
<br />pay all Claims, costs, losses, and damages (including
<br />but 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 />oF areas made available fn -.r r__Q_ hITRAGT-QR'6 lu"
<br />Gentemplated an paFagFaph 6.11.A is found to be
<br />the —Pre}estand re^I�e—it with Mkg, rk that ,s G
<br />thecr,crc nvmrr: If CONTRACTOR does not promptly
<br />comply 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
<br />relating to such correction or repair or such removal
<br />and replacement (including but not limited to all costs
<br />of repair or replacement of work of others) will be paid
<br />by CONTRACTOR.
<br />B.
<br />befbre Sub-st.antial Ge-FrIpletien of a!! the Work,
<br />eaFIieF date Of so provided On the Speraifir.-atie.ns ta4r by
<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 re-
<br />placement has been satisfactorily completed.
<br />D. CONTRACTOR's obligations under this
<br />paragraph 13.07 are in addition to any other
<br />obligation or warranty. The provisions of this
<br />paragraph 13.07 shall not be construed as a
<br />substitute for or a waiver of the provisions of any
<br />applicable statute of limitation 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 />00700 - General Conditions REV 5-10-13
<br />00700-37
<br />F1Public Works\ENGINEERING DIVISION PROJECTS\1727 CR -512 EB & WB Bridge (88407879) Repairs\1-Admin\Bid Documents\Master Contract Documents\00700 - General Conditions
<br />REV 5-10-13.doc
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