Laserfiche WebLink
40 <br />other darnages and failure, under normal operation, for a period of one (1) year from the date of final <br />acceptance. <br />All work or materials found to be defective from routine, normal operation within the specified <br />guarantee period shall be replaced by the CONTRACTOR at his expense. The period of guarantee <br />of each such rep)acement shall be one year from mid after the date of installation thereof. <br />i <br />A,cceptnnce of Defective Work; <br />13.13 If, instead of requiring correction or removal and replacement ofdejective Work, OWNER (and, prior <br />to l NGINFFER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER <br />may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to <br />OWNER's evaluaticm of and detenu r ation to acogA such defective Work (such costs to be approved <br />by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers. <br />arcluttocts, attorneys and other professionals). If any such acceptance occurs prior to ENGINEER's <br />recommendation of final payment, a Change Order will be issued incorporating the necessary revisions <br />in the Contract 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 thereof, <br />OWNER may make a claim therefor as provided in Article 11, If the acceptance occurs after such <br />recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. <br />OWNER May Correct Defective Work: <br />t <br />13.14 If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to <br />correct and to correct defective Work or to remove and replace rejected Work as required by <br />ENGINEER in accordance with paragraph 13.11 or if CONTRACTOR fails to perform the Work in <br />accordance with sire Contract Documents, or if CONTRACTOR fails to comply with any other <br />provision of the Contract Documents, OWNER may, after seven (7) days written notice to <br />CONTRACTOR, correct and remedy any such deficiency. In exercising die rights and remedies <br />under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete <br />corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, <br />take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, <br />take possession of CONTRACrOR's tools, appliances, construction equipment and machinery at the <br />site and i ncorporato in the Work all materials and equipment stored at the site or for which OWNER <br />has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shalt allow OWNER, <br />access to lite site as may be necessary to enable OWNER to exercise the rights and remedies under <br />this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and <br />remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by <br />ENGINEER, and a Change Order will be issued incorporating the necessary revisions in the Contract <br />Docwnents with respect to the Work; and OWNER shall be entitled to an appropnatc decrease in the <br />Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make <br />a claim therefor as provided in Article I I. Such direct, indirect and consequential costs will include <br />but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all <br />court and arbitration costs and all costs of repair and replacement of work of others destroyed or <br />k <br />I <br />damaged by correction, removal or replacetrieut of CONTRACTOR's deiectivc Work. <br />CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in <br />performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies <br />hereunder. <br />ART QX.- 4 - <br />Schedule of Values: <br />GENERAL CONDITIONS <br />GC - 29 <br />