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all court or arbitration or other dispute resolution costs) arising where delay would cause serious risk of loss
<br /> or damage,
<br /> out of or relating to such uncovering , exposure, observation, OWNER may have the defective Work corrected or repaired
<br /> or
<br /> inspection, and testing , and of satisfactory replacement or may have the rejected Work removed and replaced,
<br /> and all
<br /> reconstruction (including but not limited to all costs of repair or Claims, costs , losses , and damages (including but not
<br />limited to
<br /> replacement of work of others ); and OWNER shall be entitled to all fees and charges of engineers , architects, attorneys
<br />, and
<br /> an appropriate decrease in the Contract Price. If the parties are other professionals and all court or arbitration or other
<br /> dispute
<br /> unable to agree as to the amount thereof, OWNER may make a resolution costs ) arising out of or relating to such correction or
<br /> Claim therefore as provided in paragraph 10.05. If, however, repair or such removal and replacement (including
<br /> but not
<br /> such Work is not found to be defective, CONTRACTOR shall be limited to all costs of repair or replacement of work of others)
<br /> allowed an increase in the Contract Price or an extension of the will be paid by CONTRACTOR.
<br /> Contract Times (or Milestones), or both, directly attributable to
<br /> such uncovering , exposure, observation, inspection, testing, B. In special circumstances where a particular item
<br />of
<br /> replacement, and reconstruction . If the parties are unable to equipment is placed in continuous service before Substantial
<br /> agree as to the amount or extent thereof, CONTRACTOR may Completion of all the Work, the correction period for that item
<br /> make a Claim therefore as provided in paragraph 10.05, may start to run from an earlier date if so provided
<br /> in the
<br /> 13. 05 OWNER May Stop the Work{tc In "13. 05 Specifications or by Written Amendment,
<br /> OWNER May Stop the Work's C. Where defective Work (and damage to other Work
<br /> resulting therefrom) has been corrected or removed and
<br /> A. if the Work is defective, or CONTRACTOR fails to replaced under this paragraph 13. 07, the correction
<br /> period
<br /> supply sufficient skilled workers or suitable materials or hereunder with respect to such Work will be
<br /> extended for an
<br /> equipment, or falls to perform the Work in such a way that the additional period of one year after such correction or
<br />removal
<br /> completed Work will conform to the Contract Documents, and replacement has been satisfactorily completed.
<br /> OWNER may order CONTRACTOR to stop the Work, or any
<br /> portion thereof, until the cause for such order has been elimi- D. CONTRACTOR's obligations under this paragraph
<br /> nated; however, this right of OWNER to stop the Work shall not 13. 07 are in addition to any other obligation or warranty. The
<br /> give rise to any duty on the part of OWNER to exercise this right provisions of this paragraph 13.07 shall not be construed as
<br />a
<br /> for the benefit of CONTRACTOR, any Subcontractor, any substitute for or a waiver of the provisions of any
<br /> applicable
<br /> Supplier, any other individual or entity, or any surety for, or statute of limitation or repose,
<br /> employee or agent of any of them.
<br /> 13. 08 Acceptance of Defective Work& In "13. 08
<br /> 13. 06 Correction or Removal of Defective Workftc In Acceptance of Defective Work's
<br /> "13. 06 Correction or Removal of Defective Work's
<br /> A. If, Instead of requiring correction or removal and
<br /> A. CONTRACTOR shall correct all defective Work, replacement of defective Work, OWNER (and , prior to
<br /> whether or not fabricated , installed, or completed, or, if the ENGINEER's recommendation of final payment, ENGINEER)
<br /> Work has been rejected by ENGINEER, remove it from the prefers to accept it, OWNER may do so. CONTRACTOR shall
<br /> Project and replace it with Work that is not defective, pay all Claims, costs, losses , and
<br /> damages (including but not
<br /> CONTRACTOR shall pay all Claims , costs, losses, and limited to all fees and charges of
<br />engineers, architects,
<br /> damages (including but not limited to all fees and charges of attorneys, and other professionals and all court or arbitration
<br /> or
<br /> engineers, architects, attorneys , and other professionals and all other dispute resolution costs ) attributable to OWNER's
<br /> court or arbitration or other dispute resolution costs) arising out evaluation of and determination to accept such defective Work
<br /> of or relating to such correction or removal (including but not (such costs to be approved by ENGINEER as to
<br /> limited to all costs of repair or replacement of work of others). reasonableness) and the diminished value of the Work to the
<br /> extent not otherwise paid by CONTRACTOR pursuant to this
<br /> 13.07 Correction Period& In "13. 07 Correction sentence. If any such acceptance occurs prior to ENGINEER's
<br /> Period's recommendation of final payment, a Change Order will be
<br /> issued incorporating the necessary revisions in the Contract
<br /> A. If within one year after the date of Substantial Documents with respect to the Work, and OWNER
<br /> shall be
<br /> Completion or such longer period of time as may be prescribed entitled to an appropriate decrease in the Contract
<br /> Price,
<br /> by Laws or Regulations or by the terms of any applicable reflecting the diminished value of Work so accepted.
<br /> If the
<br /> special guarantee required by the Contract Documents or by parties are unable to agree as to the amount thereof, OWNER
<br /> any specific provision of the Contract Documents, any Work Is may make a Claim therefore as provided in paragraph 10.05. If
<br /> found to be defective, or if the repair of any damages to the land the acceptance occurs after such recommendation, an
<br /> or areas made available for CONTRACTOR's use by OWNER appropriate amount will be paid by CONTRACTOR to OWNER.
<br /> or permitted by Laws and Regulations as contemplated In
<br /> paragraph 6. 11 .A Is found to be defective, CONTRACTOR shall 13. 09 OWNER May Correct Defective Workftc In "13. 09
<br /> promptly, without cost to OWNER and in accordance with OWNER May Correct Defective Work's
<br /> OWNER's written instructions : (i) repair such defective land or
<br /> areas, or (ii) correct such defective Work or, if the defective A. If CONTRACTOR fails within a reasonable time after
<br /> Work has been rejected by OWNER, remove it from the Project written notice from ENGINEER to correct defective Work or to
<br /> and replace it with Work that is not defective, and (iii ) satisfac- remove and replace rejected Work as required by ENGINEER
<br /> torily correct or repair or remove and replace any damage to in accordance with paragraph 13. 06.A, or if CONTRACTOR
<br /> other Work, to the work of others or other land or areas fails to perform the Work in accordance
<br /> with the Contract
<br /> resulting therefrom. If CONTRACTOR does not promptly Documents, or if CONTRACTOR fails to comply with any other
<br /> comply with the terms of such instructions , or in an emergency provision of the Contract Documents , OWNER may, after seven
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