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inspections, tests, or approvals required for OWNER's and
<br />ENGINEER's acceptance of materials or equipment to be
<br />incorporated in the Work; or acceptance of materials, mix
<br />designs, or equipment submitted for approval prior to
<br />CONTRACTOR's purchase thereof for incorporation in the
<br />Work. Such inspections, tests, or approvals shall be performed
<br />by organizations acceptable to OWNER and ENGINEER.
<br />E. If any Work (or the work of others) that is to be
<br />inspected, tested, or approved is covered by CONTRACTOR
<br />without written concurrence of ENGINEER, it must, if requested
<br />by ENGINEER, be uncovered for observation.
<br />F. Uncovering Work as provided in paragraph 13.03.E
<br />shall be at CONTRACTOR's expense unless CONTRACTOR
<br />has given ENGINEER timely notice of CONTRACTOR's
<br />intention to cover the same and ENGINEER has not acted with
<br />reasonable promptness in response to such notice.
<br />13.04 Uncovering Work
<br />A. If any Work is covered contrary to the written request
<br />of ENGINEER, it must, if requested by ENGINEER, be
<br />uncovered for ENGINEER's observation and replaced at
<br />CONTRACTOR's expense.
<br />B. If ENGINEER considers it necessary or advisable that
<br />covered Work be observed by ENGINEER or inspected or
<br />tested by others, CONTRACTOR, at ENGINEER's request,
<br />shall uncover, expose, or otherwise make available for
<br />observation, inspection, or testing as ENGINEER may require,
<br />that portion of the Work in question, furnishing all necessary
<br />labor, material, and equipment. If it is found that such Work is
<br />defective, CONTRACTOR shall pay all Claims, costs, losses,
<br />and damages (including but not limited to all fees and charges
<br />of engineers, architects, attorneys, and other professionals and
<br />all court or arbitration or other dispute resolution costs) arising
<br />out of or relating to such uncovering, exposure, observation,
<br />inspection, and testing, and of satisfactory replacement or
<br />reconstruction (including but not limited to all costs of repair or
<br />replacement of work of others); and OWNER shall be entitled to
<br />an appropriate decrease in the Contract Price. If the parties are
<br />unable to agree as to the amount thereof, OWNER may make a
<br />Claim therefore as provided in paragraph 10.05. If, however,
<br />such Work is not found to be defective, CONTRACTOR shall be
<br />allowed an increase in the Contract Price or an extension of the
<br />Contract Times (or Milestones), or both, directly attributable to
<br />such uncovering, exposure, observation, inspection, testing,
<br />replacement, and reconstruction. If the parties are unable to
<br />agree as to the amount or extent thereof, CONTRACTOR may
<br />make a Claim therefore as provided in paragraph 10.05.
<br />13.05 OWNER May Stop the Work
<br />A. If the Work is defective, or CONTRACTOR fails to
<br />supply sufficient skilled workers or suitable materials or
<br />equipment, or fails to perform the Work in such a way that the
<br />completed Work will conform to the Contract Documents,
<br />OWNER may order CONTRACTOR to stop the Work, or any
<br />portion thereof, until the cause for such order has been elimi-
<br />nated; however, this right of OWNER to stop the Work shall not
<br />give rise to any duty on the part of OWNER to exercise this right
<br />for the benefit of CONTRACTOR, any Subcontractor, any
<br />Supplier, any other individual or entity, or any surety for, or
<br />employee or agent of any of them.
<br />13.06 Correction or Removal of Defective Work
<br />A. CONTRACTOR shall correct all defective Work,
<br />whether or not fabricated, installed, or completed, or, if the Work
<br />has been rejected by ENGINEER, remove it from the Project
<br />and replace it with Work that is not defective. CONTRACTOR
<br />shall pay all Claims, costs, losses, and damages (including but
<br />not limited to all fees and charges of engineers, architects,
<br />attorneys, and other professionals and all court or arbitration or
<br />other dispute resolution costs) arising out of or relating to such
<br />correction or removal (including but not limited to all costs of
<br />repair or replacement of work of others).
<br />13.07 Correction Period
<br />A. If within one year after the date of Substantial
<br />Completion or such longer period of time as may be prescribed
<br />by Laws or Regulations or by the terms of any applicable
<br />special guarantee required by the Contract Documents or by
<br />any specific provision of the Contract Documents, any Work is
<br />found to be defective, or if the repair of any damages to the land
<br />or areas made available for CONTRACTOR's use by OWNER
<br />or permitted by Laws and Regulations as contemplated in
<br />paragraph 6.11.A is found to be defective, CONTRACTOR shall
<br />promptly, without cost to OWNER and in accordance with
<br />OWNER's written instructions: (i) repair such defective land or
<br />areas, or (ii) correct such defective Work or, if the defective
<br />Work has been rejected by OWNER, remove it from the Project
<br />and replace it with Work that is not defective, and (iii) satisfac-
<br />torily correct or repair or remove and replace any damage to
<br />other Work, to the work of others or other land or areas resulting
<br />therefrom. If CONTRACTOR does not promptly comply with
<br />the terms of such instructions, or in an emergency where delay
<br />would cause serious risk of loss or damage, OWNER may have
<br />the defective Work corrected or repaired or may have the
<br />rejected Work removed and replaced, and all Claims, costs,
<br />losses, and damages (including but not limited to all fees and
<br />charges of engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other dispute
<br />resolution costs) arising out of or relating to such correction or
<br />repair or such removal and replacement (including but not
<br />limited to all costs of repair or replacement of work of others) will
<br />be paid by CONTRACTOR. The OWNER and CONTRACTOR
<br />agree that a warranty inspection shall be scheduled no later
<br />than eleven (11) months after final payment under this Contract
<br />so that the OWNER and the CONTRACTOR may inspect and
<br />otherwise examine the Work prior to the expiration of the
<br />Performance Bond.
<br />B. In special circumstances where a particular item of
<br />equipment is placed in continuous service before Substantial
<br />Completion of all the Work, the correction period for that item
<br />may start to run from an earlier date if so provided in the
<br />Specifications or by Written Amendment.
<br />C. Where defective Work (and damage to other Work
<br />resulting therefrom) has been corrected or removed and
<br />replaced under this paragraph 13.07, the correction period
<br />hereunder with respect to such Work will be extended for an
<br />additional period of one year after such correction or removal
<br />and replacement has been satisfactorily completed.
<br />D. CONTRACTOR's obligations under this paragraph
<br />13.07 are in addition to any other obligation or warranty. The
<br />provisions of this paragraph 13.07 shall not be construed as a
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