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CI 40 • t 7Acceptance of I?elective Work: 13.13 If, instead of requiring correction or removal and replacement of defective Work„ OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation ofand determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engincers, architects, attorneys and other professionals). If any such acceptance occurs prior to ENGINE: R's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work 13.14 If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to 4 correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11 or if CONTRAC'T'OR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven (7) days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising; such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Order will be issued incorporating; the necessary revisions in the Contract Documents with respect to tlrc Work; and OWNER. shall he entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct. indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the I Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER ofOWNER's rights and remedies hereunder. AILIIOM1-PAYMENI:,S-TD-!C(INTI A,CT.OIi.ANI).1! O[VtPLETION Schedule of Values: 14.1 The schedule of valttcs established as provided in paragraph 2.9 will serve as lite basis For progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will he based on the nunrlrcr or units cr:nzplctcd. GtNFRA1- C'ON0111ONS GC - 29