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applicable special guarantee required by the Contract engineers, architects, attorneys, and other professionals and
<br /> Documents or by any specific provision of the Contract all court or arbitration or other dispute resolution costs)
<br /> Documents, any Work is found to be defective, or if the attributable to OWNER's evaluation of and determination
<br /> repair of any damages to the land or areas made available to accept such defective Work (such costs to be approved
<br /> for CONTRACTOR's use by OWNER or permitted by by ENGINEER as to reasonableness) and the diminished
<br /> Laws and Regulations as contemplated in paragraph 6. 1 LA value of the Work to the extent not otherwise paid by
<br /> is found to be defective, CONTRACTOR shall promptly, CONTRACTOR pursuant to this sentence. If any such
<br /> without cost to OWNER and in accordance with OWNER's acceptance occurs prior to ENGINEER's recommendation
<br /> written instructions: (i) repair such defective land or areas, of final payment, a Change Order will be issued
<br /> or (ii) correct such defective Work or, if the defective Work incorporating the necessary revisions in the Contract
<br /> has been rejected by OWNER, remove it from the Project Documents with respect to the Work, and OWNER shall be
<br /> and replace it with Work that is not defective, and (iii) entitled to an appropriate decrease in the Contract Price,
<br /> satisfactorily correct or repair or remove and replace any reflecting the diminished value of Work so accepted. If the
<br /> damage to other Work, to the work of others or other land parties are unable to agree as to the amount thereof,
<br /> or areas resulting therefrom If CONTRACTOR does not OWNER may make a Claint . therefor as provided in
<br /> promptly comply with the terms of such instructions, or in paragraph 10.05. If the acceptance occurs after such
<br /> an emergency where delay would cause serious risk of loss recommendation, an appropriate amount will be paid by
<br /> or damage, OWNER may have the defective Work CONTRACTOR to OWNER.
<br /> corrected or repaired or may have the rejected Work re-
<br /> moved and replaced, and all Claims, costs, losses, and 13 .09 OWNER May Correct Defective Work
<br /> damages (including but not limited to all fees and charges of
<br /> engineers, architects, attorneys, and other professionals and A. If CONTRACTOR fails within a reasonable time
<br /> all court or arbitration or other dispute resolution costs) after written notice from ENGINEER to correct defective
<br /> arising out of or relating to such correction or repair or such Work or to remove and replace rejected Work as required
<br /> removal and replacement (including but not limited to all by ENGINEER in accordance with paragraph 13 .06.A, or if
<br /> costs of repair or replacement of work of others) will be CONTRACTOR fails to perform the Work in accordance
<br /> paid by CONTRACTOR. with the Contract Documents, or if CONTRACTOR fails to
<br /> comply with any other provision of the Contract
<br /> B. In special circumstances where a particular item of Documents, OWNER may, after seven days written notice
<br /> equipment is placed in continuous service before to CONTRACTOR, correct and remedy any such
<br /> Substantial Completion of all the Work, the correction deficiency.
<br /> period for that item may start to run from an earlier date if
<br /> so provided in the Specifications or by Written Amendment. B. In exercising the rights and remedies under this
<br /> paragraph, OWNER shall proceed expeditiously. In
<br /> C. Where defective Work (and damage to other Work connection with such corrective and remedial action,
<br /> resulting therefrom) has been corrected or removed and OWNER may exclude CONTRACTOR from all or part of
<br /> replaced under this paragraph 13 .07, the correction period the Site, take possession of all or part of the Work and
<br /> hereunder with respect to such Work will be extended for suspend CONTRACTOR's services related thereto, take
<br /> an additional period of one year after such correction or possession of CONTRACTOR's tools, appliances, con-
<br /> removal and replacement has been satisfactorily completed. struction equipment and machinery at the Site, and incorpo-
<br /> rate in the Work all materials and equipment stored at the
<br /> D. CONTRACTOR's obligations under this Site or for which OWNER has paid CONTRACTOR but
<br /> paragraph 13.07 are in addition to any other obligation or which are stored elsewhere. CONTRACTOR shall allow
<br /> warranty. The provisions of this paragraph 13 .07 shall not OWNER, OWNER's representatives, agents and employ-
<br /> be construed as a substitute for or a waiver of the provisions ees, OWNER's other contractors, and ENGINEER and
<br /> of any applicable statute of limitation or repose. ENGINEER's Consultants access to the Site to enable
<br /> OWNER to exercise the rights and remedies under this
<br /> 13 .08 Acceptance of Defective Work paragraph.
<br /> A. If, instead of requiring correction or removal and C. All Claims, costs, losses, and damages (including
<br /> replacement of defective Work, OWNER (and, prior to but not limited to all fees and charges of engineers,
<br /> ENGINEER' s recommendation of final payment, architects, attorneys, and other professionals and all court or
<br /> ENGINEER) prefers to accept it, OWNER may do so. arbitration or other dispute resolution costs) incurred or
<br /> CONTRACTOR shall pay all Claims, costs, losses, and sustained by OWNER in exercising the rights and remedies
<br /> damages (including but not limited to all fees and charges of under this paragraph 13 .09 will be charged against CON-
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