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<br />13.9 If ENGINEER considers it necessary or advisable that covered Work be observed by 'ENGINEER or
<br />inspected or tested by others, CONTRACTOR shall uncover, expose or otherwise make available for
<br />observation, inspection or testing as ENGINEER may require, that portion of the Work in question,
<br />furnishing all necessary labor, material and equipment. if it is found that such Work is defective,
<br />CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure,
<br />observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees
<br />and charges of engineers, architects, attorneys and other professionals), and OWNER shall be entitled
<br />to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount
<br />thereof, may nuke a claim therefor as provided in Article 11. If, however, such Work is not found to
<br />be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of
<br />the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection,
<br />testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof,
<br />CONTRACTOR may make a claim therefor as provided in Articles I I and 12.
<br />OWNER May Stop the Work:
<br />13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable
<br />materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work
<br />will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or
<br />any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER
<br />to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the
<br />benefit of CONTRACTOR or any other party.
<br />Correction or Removal of Defective Works
<br />13.11 If required by ENGINEER, CONTRACTOR shall promptly either correct all defective Work, whether
<br />or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER., remove
<br />it from the site and replace it with nondefective Work which is satisfactory to the ENGINEER.
<br />CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal
<br />(including but not limited to fees and charges of engineers, architects, attorneys and other
<br />professionals) made necessary thereby.
<br />One Year Correction Period:
<br />13.12 If within one (1) year atter the date of Substantial Completion or such longer period of time as may
<br />be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by
<br />the Contract Documents or by an specific provisions of the Contract Documents, any work is found
<br />to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with
<br />OWNER's written instructions, either correct such defective Work, or, if it has been rejected by
<br />OWNER, remove it from the site and replace it with nondefi ctive Work, if CONTRACTOR does
<br />not promptly comply with the terms of such instructions, or in an emergency where delay would cause
<br />serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work a
<br />removed and replaced, and all direct, indirect and consequential costs of such removal and replacement
<br />(including but not limited to fees and charges of engineers, architects, attorneys and other
<br />professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of "
<br />equipment is placed in continuous service before Substantial Completion of all the Work, the
<br />correction period for that item may start to run from an earlier date if so provided in the Specifications
<br />or by Written Amendment.
<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 CONTRACTOR L
<br />under this Contract shall be guaranteed by him against mechanical and physical defects, breakage, and
<br />GENERAL CONDITIONS L
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