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substitute
<br />for or a
<br />waiver of the
<br />provisions of any applicable
<br />statute of
<br />limitation
<br />or repose.
<br />the Agreement.
<br />13.08 Acceptance of Defective Work
<br />A. If, instead of requiring correction or removal and
<br />replacement of defective Work, OWNER (and, prior to
<br />ENGINEER's recommendation of final payment, ENGINEER)
<br />prefers to accept it, OWNER may do so. CONTRACTOR shall
<br />pay all Claims, costs, losses, and damages (including but not
<br />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) attributable to OWNER's
<br />evaluation of and determination to accept such defective Work
<br />(such costs to be approved by ENGINEER as to
<br />reasonableness) and the diminished value of the Work to the
<br />extent not otherwise paid by CONTRACTOR pursuant to this
<br />sentence. If any such acceptance occurs prior to ENGINEER's
<br />recommendation of final payment, a Change Order will be
<br />issued incorporating the necessary revisions in the Contract
<br />Documents with respect to the Work, and OWNER shall be
<br />entitled to an appropriate decrease in the Contract Price,
<br />reflecting the diminished value of Work so accepted. If the
<br />parties are unable to agree as to the amount thereof, OWNER
<br />may make a Claim therefore as provided in paragraph 10.05. If
<br />the acceptance occurs after such recommendation, an
<br />appropriate amount will be paid by CONTRACTOR to OWNER.
<br />13.09 OWNER May Correct Defective Work
<br />A. If CONTRACTOR fails within a reasonable time after
<br />written notice from ENGINEER to correct defective Work or to
<br />remove and replace rejected Work as required by ENGINEER
<br />in accordance with paragraph 13.06.A, or if CONTRACTOR
<br />fails to perform the Work in accordance with the Contract
<br />Documents, or if CONTRACTOR fails to comply with any other
<br />provision of the Contract Documents, OWNER may, after seven
<br />days written notice to CONTRACTOR, correct and remedy any
<br />such deficiency.
<br />B. In exercising the rights and remedies under this
<br />paragraph, OWNER shall proceed expeditiously. In connection
<br />with such corrective and remedial action, OWNER may exclude
<br />CONTRACTOR from all or part of the Site, take possession of
<br />all or part of the Work and suspend CONTRACTOR's services
<br />related thereto, take possession of CONTRACTOR's tools,
<br />appliances, construction equipment and machinery at the Site,
<br />and incorporate in the Work all materials and equipment stored
<br />at the Site or for which OWNER has paid CONTRACTOR but
<br />which are stored elsewhere. CONTRACTOR shall allow
<br />OWNER, OWNER's representatives, agents and employees,
<br />OWNER's other contractors, and ENGINEER and ENGINEER's
<br />Consultants access to the Site to enable OWNER to exercise
<br />the rights and remedies under this paragraph.
<br />C. 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 erarbitratior or
<br />other dispute resolution costs) incurred or sustained by
<br />OWNER in exercising the rights and remedies under this
<br />paragraph 13.09 will be charged against CONTRACTOR, and a
<br />Change Order will be issued incorporating the necessary
<br />revisions in the Contract Documents with respect to the Work;
<br />and OWNER shall be entitled to an appropriate decrease in the
<br />Contract Price. If the parties are unable to agree as to the
<br />amount of the adjustment, OWNER may make a Claim
<br />therefore as provided in paragraph 10.05. Such claims, costs,
<br />losses and damages will include but not be limited to all costs of
<br />repair, or replacement of work of others destroyed or damaged
<br />by correction, removal, or replacement of CONTRACTOR's
<br />defective Work.
<br />D. CONTRACTOR shall not be allowed an extension of
<br />the Contract Times (or Milestones) because of any delay in the
<br />performance of the Work attributable to the exercise by
<br />OWNER of OWNER's rights and remedies under this
<br />paragraph 13.09.
<br />ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
<br />COMPLETION
<br />14.01 Schedule of Values
<br />A. The schedule of values established as provided in
<br />paragraph 2.07.A will serve as the basis for progress payments
<br />and will be incorporated into a form of Application for Payment
<br />acceptable to ENGINEER. Progress payments on account of
<br />Unit Price Work will be based on the number of units
<br />completed.
<br />14.02 Progress Payments
<br />A. Applications for Payments
<br />1.At least 20 days before the date established for
<br />each progress payment (but not more often than once a
<br />month), CONTRACTOR shall submit to ENGINEER for
<br />review an Application for Payment filled out and signed
<br />by CONTRACTOR covering the Work completed as of
<br />the dale of the Application and accompanied by such
<br />supporting documentation as is required by the Contract
<br />Documents. If payment is requested on the basis of
<br />materials and equipment not incorporated in the Work
<br />but delivered and suitably stored at the Site or at
<br />another location agreed to in writing, the Application for
<br />Payment shall also be accompanied by a bill of sale,
<br />invoice, or other documentation warranting that
<br />OWNER has received the materials and equipment free
<br />and clear of all Liens and evidence that the materials
<br />and equipment are covered by appropriate property
<br />insurance or other arrangements to protect OWNER's
<br />interest therein, all of which must be satisfactory to
<br />OWNER.
<br />2.Beginning with the second Application for
<br />Payment, each Application shall include an affidavit of
<br />-CONTRACTOR stating that all previous progress
<br />payments received on account of the Work have been
<br />applied on account to discharge CONTRACTOR's
<br />legitimate obligations associated with prior Applications
<br />for Payment.
<br />3.The amount
<br />of
<br />retainage with
<br />respect to pro-
<br />gress payments will
<br />be
<br />as stipulated in
<br />the Agreement.
<br />B. Review of Applications
<br />1.ENGINEER will, within 10 days after receipt of
<br />each Application for Payment, either indicate in writing a
<br />recommendation of payment and present the
<br />00700 General Conditions (EJCDC).doc
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<br />J M 029 12 Inch W M - Vera lake Contract Specifications9I0700 Geneml Conditions (EfCDC).doc
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