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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 re- action , OWNER may exclude CONTRACTOR from all
<br /> ,. placement 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 /> 01 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 /> r„ 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 /> • A. If, instead of requiring correction or removal exercise the rights and remedies under this
<br /> and replacement of defective Work, OWNER (and , paragraph .
<br /> prior to ENGINEER,s recommendation of final pay-
<br /> 40 ment, ENGINEER ) prefers to accept it, OWNER may C . All Claims , costs, losses, and damages
<br /> do so. CONTRACTOR shall pay all Claims, costs, (including but not limited to all fees and charges of
<br /> losses, and damages (including but not limited to all engineers, architects, attorneys , and other
<br /> fees and charges of engineers, architects , attorneys, professionals and all court or arbitration or other
<br /> * and other professionals and all court or arbitration or dispute resolution costs) incurred or sustained by
<br /> other dispute resolution costs) attributable to OWNER in exercising the rights and remedies under
<br /> OWNER's evaluation of and determination to accept this paragraph 13 .09 will be charged against CON-
<br /> such defective Work (such costs to be approved by TRACTOR, and a Change Order will be issued
<br /> ENGINEER as to reasonableness) and the incorporating the necessary revisions in the Contract
<br /> diminished value of the Work to the extent not Documents with respect to the Work; and OWNER
<br /> otherwise paid by CONTRACTOR pursuant to this shall be entitled to an appropriate decrease in the
<br /> sentence. If any such acceptance occurs prior to Contract Price. If the parties are unable to agree as
<br /> ENGINEER's recommendation of final payment, a to the amount of the adjustment, OWNER may make
<br /> Change Order will be issued incorporating the a Claim therefor as provided in paragraph 10.05.
<br /> necessary revisions in the Contract Documents with Such claims, costs , losses and damages will include
<br /> respect to the Work, and OWNER shall be entitled to but not be limited to all costs of repair, or replacement
<br /> an appropriate decrease in the Contract Price, of work of others destroyed or damaged by correction ,
<br /> reflecting the diminished value of Work so accepted. removal , or replacement of CONTRACTOR's
<br /> 4' If the parties are unable to agree as to the amount defective Work.
<br /> thereof, OWNER may make a Claim therefor as
<br /> provided in paragraph 10.05. If the acceptance D . CONTRACTOR shall not be allowed an
<br /> occurs after such recommendation , an appropriate extension of the Contract Times (or Milestones)
<br /> amount will be paid by CONTRACTOR to OWNER. because of any delay in the performance of the Work
<br /> attributable to the exercise by OWNER of OWNER's
<br /> 13 .09 OWNER May Correct Defective Work rights and remedies under this paragraph 13 .09 .
<br /> all
<br /> A. If CONTRACTOR fails within a reasonable
<br /> time after written notice from ENGINEER to correct ARTICLE 14 - PAYMENTS TO CONTRACTOR
<br /> 40 defective Work or to remove and replace rejected AND COMPLETION
<br /> Work as required by ENGINEER in accordance with
<br /> paragraph 13 .06.A, or if CONTRACTOR fails to _
<br /> perform the Work in accordance with the Contract
<br /> No Documents, or if CONTRACTOR fails to comply with 14 .01 Schedule of Values
<br /> any other provision of the Contract Documents,
<br /> OWNER may, after seven days written notice to A. The schedule of values established as provid-
<br /> ,l ed in paragraph 2.07 .A will serve as the basis for
<br /> 00700 - General Conditions REV 04-07
<br /> 00700 - 38
<br /> F:1EngineenngV Williams\Master ontactlMaster Contact OocumentsC!3700 - General Conditions REV 04-07.Eoc
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