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C> <br />11 <br />a <br />In addition, warranties of merchantability and fitness of purpose guaranteed by the Uniform <br />Commercial Code and made a part hereof, all work or materials furnished by the <br />CONTRACTOR under this Contract shall be guaranteed by him against mechanical and <br />physical defects, breakage, and other damages and failure, under normal operation, for <br />a period of one (1 ) year from the date of final acceptance. <br />All work or materials found to be defective from routine, normal operation within the <br />specified guarantee period shall be replaced by the CONTRACTOR at his expense. The <br />period of guarantee of each such replacement shall be one year frorn and after the date <br />of installation thereof. <br />Acceptance of Defective Work: <br />.I n n%rArIKIVQ1 , f1saearl o_equirg correction or removal d pIccem,it LAVrk,qJJ11Iin <br />(and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to <br />accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and <br />consequential costs attributable to OWNER's evaluation of and determination to accept <br />such defective Work (such costs to be approved by ENGINEER as to reasonableness and <br />to include but not be limited to fees and charges of engineers, architects, attorneys and <br />other professionals). If any such acceptance occurs prior to ENGINEER's <br />recommendation of final payment, a Change Order will be issued incorporating the <br />necessary revisions in the Contract Documents with respect to the Work; and OWNER <br />shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are <br />unable to agree as to the amount thereof, OWNER may make a claim therefor as provided <br />in Article 11. If the acceptance occurs after such recommendation, an appropriate amount <br />will be paid by CONTRACTOR to OWNER. <br />OWNER May Correct Defective Work: <br />13.14 if CONTRACTOR fails within a reasonable time after written notice of ENGINEER to <br />proceed to correct and to correct defective Work or to remove and replace rejected Work <br />as requi—ri by ENGINEER in accordance with paragraph 13 11 nr if CONTRACTOR fails <br />to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails <br />to comply with any other provision of the Contract Documents, OWNER may, after seven <br />(7) days written notice to CONTRACTOR, correct and remedy any such deficiency. In <br />exercising the rights and remedies under this paragraph OWNER shall proceed <br />expeditiously. To the extent necessary to complete corrective and remedial action, <br />OWNER may exclude CONTRACTOR from all or part of the site, take possession of all <br />or part of the Work, and suspend CONTRACTOR's services related thereto, take <br />possession of CONTRACTOR's tools, appliances, construction equipment and machinery <br />at the site and incorporate in the Work ail materials and equipment stared at the site or for <br />whicti OWNER has oaid CONTRACTOR but which are stored elsewhere. CONTRACTOR <br />shall allow OWNER, access to the site as may be necessary to enable OWNER to <br />exercise the rights and remedies under this paragraph. Ali direct, indirect and <br />consequential costs of OWNER in exercising such rights and remedies will be charged <br />against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and <br />a Change Girder will be issued incorporating the necessary revisions in ti Contract <br />Documents with respect to the Work; and OWNER shall be entitled to an appropriate <br />decrease in the Contract Price, and, if the parties are unable to agree as to the amount <br />thereof, OWNER may make a claire therefor as provided in Article 11. Such direct, indirect <br />and consequential costs will inclUde but not be limited to fees and charges of engineers, <br />architects, attorneys and lather professionals, all court and arbitration costs and all costs <br />of repair and replacement of work of others destroyed or damaged by correction, remov&' <br />or replacement of CONTRACTOR's defective Work, CONTRACTOR shall not be allowed <br />GENF- AI, CONDITIONS <br />