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areas rRade available fGF CONTRACTOR's use by
<br />OWNER GF peFmitted by Laws and RegulatiGlRs as
<br />two OWNER -. d iRaGGE)FdaRGe with QWISIER'c iAT4#tzn
<br />has—been rejeeted by OWNER, remeve itfFeFn the
<br />PFGjeut and pI Ge it with Work that is not defo t'
<br />replaGe any damage tG other Work, to the vVe.rk of
<br />others or Gther land op areas resulting therefrern. If
<br />CONTRACTOR does not promptly comply with the
<br />terms of such instructions, or in an emergency where
<br />delay would cause serious risk of loss or damage,
<br />OWNER may have the defective Work corrected or
<br />repaired or may have the rejected Work removed and
<br />replaced, and 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) arising out of or relating to
<br />such correction or repair or such removal and replace-
<br />ment (including but not limited to all costs of repair or
<br />replacement of work of others) will be paid by
<br />CONTRACTOR.
<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, the
<br />correction period hereunder with respect to such Work
<br />will be extended for an additional period of one year
<br />after such correction or removal and replacement has
<br />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 of
<br />the provisions of any applicable statute of limitation or
<br />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 such
<br />acceptance occurs prior to ENGINEER's recommen-
<br />dation of final payment, 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, reflecting the diminished value of Work
<br />so accepted. If the parties are unable to agree as to
<br />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 Work
<br />as required by ENGINEER in accordance with para-
<br />graph 13.06.A, or if CONTRACTOR fails to perform the
<br />Work in accordance with the Contract Documents, or if
<br />CONTRACTOR fails to comply with any other provi-
<br />sion of the Contract Documents, OWNER may, after
<br />seven days written notice to CONTRACTOR, correct
<br />and remedy any such 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 action,
<br />OWNER may exclude CONTRACTOR from all or part
<br />of the Site, take possession of all or part of the Work
<br />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 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 />General Conditions - 00700 - 31
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