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prescribed by Laws or Regulations or by the terms of A. If, instead of requiring correction or removal
<br /> any applicable special guarantee required by the and replacement of defective Work , OWNER (and ,
<br /> ' Contract Documents or by any specific provision of the prior to ENGINEER 9s recommendation of final pay-
<br /> Contract Documents , any Work is found to be ment, ENGINEER) prefers to accept it, OWNER may
<br /> defective , or if the repair of any damages to the land do so . CONTRACTOR shall pay all Claims , costs ,
<br /> or areas made available for CONTRACTOR's use by losses , and damages ( including but not limited to all
<br /> ' OWNER or permitted by Laws and Regulations as fees and charges of engineers , architects , attorneys ,
<br /> contemplated in paragraph 6 . 11 .A is found to be and other professionals and all court or arbitration
<br /> or
<br /> defective , CONTRACTOR shall promptly, without cost other dispute resolution costs) attributable to
<br /> to OWNER and in accordance with OWNER 9s written OWNER's evaluation of and determination to accept
<br /> instructions : ( i ) repair such defective land or areas , or such defective Work (such costs to be approved
<br />by
<br /> (ii) correct such defective Work or, if the defective ENGINEER as to reasonableness ) and the diminished
<br /> Work has been rejected by OWNER, remove it from value of the Work to the extent not otherwise paid by
<br /> ' the Project and replace it with Work that is not CONTRACTOR pursuant to this sentence . If any
<br /> defective , and (iii ) satisfactorily correct or repair or such acceptance occurs prior to ENGINEER's recom-
<br /> remove and replace any damage to other Work , to the mendation of final payment, a Change Order will be
<br /> work of others or other land or areas resulting there- issued incorporating the necessary revisions in
<br /> the
<br /> from . If CONTRACTOR does not promptly comply Contract Documents with respect to the Work, and
<br /> with the terms of such instructions , or in an OWNER shall be entitled to an appropriate decrease
<br /> emergency where delay would cause serious risk of in the Contract Price, reflecting the diminished value of
<br /> loss or damage , OWNER may have the defective Work so accepted . If the parties are unable to agree
<br /> Work corrected or repaired or may have the rejected as to the amount thereof, OWNER may make a Claim
<br /> Work removed and replaced , and all Claims , costs , therefor as provided in paragraph 10 .05 . If the
<br /> ' losses , and damages ( including but not limited to all acceptance occurs after such recommendation ,
<br />an
<br /> fees and charges of engineers , architects , attorneys , appropriate amount will be paid by CONTRACTOR to
<br /> and other professionals and all court or arbitration or OWNER.
<br /> other dispute resolution costs) arising out of or relating
<br /> ' to such correction or repair or such removal and 13 . 09 OWNER May Correct Defective Work
<br /> replacement (including but not limited to all costs of
<br /> repair or replacement of work of others) will be paid by A. If CONTRACTOR fails within a reasonable
<br /> CONTRACTOR. time after written notice from ENGINEER to correct
<br /> defective Work or to remove and replace rejected
<br /> B . In special circumstances where a particular Work as required by ENGINEER in accordance with
<br /> item of equipment is placed in continuous service paragraph 13 . 06 .A, or if CONTRACTOR fails to
<br /> ' before Substantial Completion of all the Work, the perform the Work in accordance with the Contract
<br /> correction period for that item may start to run from an Documents , or if CONTRACTOR fails to comply with
<br /> earlier date if so provided in the Specifications or by any other provision of the Contract Documents ,
<br /> Written Amendment. OWNER may, after seven days written notice to
<br /> CONTRACTOR, correct and remedy any such
<br /> C . Where defective Work (and damage to other deficiency.
<br /> Work resulting therefrom ) has been corrected or
<br /> ' removed and replaced under this paragraph 13 . 07 , B . In exercising the rights and remedies under
<br /> the correction period hereunder with respect to such this paragraph , OWNER shall proceed expeditiously.
<br /> Work will be extended for an additional period of one In connection with such corrective and remedial
<br /> ' year after such correction or removal and replacement action , OWNER may exclude CONTRACTOR from all
<br /> has been satisfactorily completed . or part of the Site, take possession of all or part of the
<br /> Work and suspend CONTRACTOR's services related
<br /> D . CONTRACTOR's obligations under this thereto , take possession of CONTRACTOR's tools ,
<br /> paragraph 13 . 07 are in addition to any other obligation appliances , construction equipment and machinery at
<br /> or warranty. The provisions of this paragraph 13 .07 the Site , and incorporate in the Work all materials and
<br /> shall not be construed as a substitute for or a waiver equipment stored at the Site or for which OWNER has
<br /> of the provisions of any applicable statute of limitation paid CONTRACTOR but which are stored elsewhere .
<br /> or repose . CONTRACTOR shall allow OWNER, OWNER's
<br /> representatives , agents and employees , OWNER's
<br /> 13 . 08 Acceptance of Defective Work other contractors , and ENGINEER and ENGINEER's
<br /> Consultants access to the Site to enable OWNER to
<br /> 00700-39
<br /> 0386- 00700 - General Conditions
<br /> F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General
<br /> Conditions .doc
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