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am <br />40 <br />• <br />remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising <br />such rights and remedies will be charged against CONTRACTOR in an amount approved as to <br />reasonableness by ENGINEER, and a Change Order will be issued incorporating the necessary <br />revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an <br />appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount <br />thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and <br />consequential costs will include but not be limited to fees and charges of engineers, architects, <br />attorneys and other professionals, all court and arbitration costs and all costs of repair and <br />replacement of work of others destroyed or damaged by correction, removal or replacement of <br />CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the <br />Contract Time because of any delay in performance of the Work attributable to the exercise by <br />OWNER of OWNER's rights and remedies hereunder. <br />Schedule of Values: <br />14.1 The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress <br />payments and will be incorporated into a form of Application for Payment acceptable to <br />ENGINEER. progress payments on account of Unit Price Work will be based on the number of <br />units completed. <br />Application for Progress Payment: <br />14.2 At least twenty (20) days before each progress payment is scheduled (but not more often than once <br />a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled <br />out and signed by CONTRACTOR covering the Work completed as of the date of the Application <br />and accompanied by such supporting documentation as is required by the Contract Documents. If <br />payment is requested on the basis of materials and equipment not incorporated in the Work but <br />delivered and suitably stored at the site or at another location agreed to in writing, the Application <br />for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting <br />the OWNER has received the materials and equipment free and clear of all liens, charges, security <br />interests and encumbrances (which are hereinafter in these General Conditions referred to as <br />"Liens") and evidence that the materials and equipment are covered by appropriate property <br />insurance and other arrangements to protect OWNER's interest therein, all of which will be <br />satisfactory to OWNER. The amount of retainage with respect to progress payments will be as <br />stipulated in the Agreement. <br />CONTRACTOR"s Warranty of Title: <br />14.3 CONTRACTOR warrants and guarantees that title to all Work materials and equipment covered by <br />any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no <br />later than the time of payment, free and clear of all Liens, <br />Review of Applications for progress Payment: <br />14.4 ENGMER will, within tett (10) days alter receipt of each application for payment, either indicate <br />in writing a recommendation of payment and present the Application to OWNER, or return the <br />Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to <br />recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and <br />resubmit the Application. Ten (10) days after presentation of the Application for Payment with <br />ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last <br />sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. <br />GENERAL CONDITIONS <br />ac - 29 <br />