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' orae- has been li .iated,. h"reve , this right F GVENTER B , In special circumstances where a particular item of
<br /> to stop the Work shall 1.3.9t Ore rise to any duty en the-paft equipment is placed in continuous service before
<br /> of OV4qER to eaiereise this right for- the—benefit f Substantial Completion of all the Work,
<br /> the correction
<br /> period for that item may start to run from an earlier date if
<br /> nthe• ia&zidual
<br /> entity, , suEety For- eaVleyee e so provided in the Specifications or by Written Amendment.
<br /> agent t F any f theFYL-
<br /> 13 . 06 Correction or Removal of Defective Work 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 /> A. CONTRACTOR shall correct all defective Work, hereunder with respect to such Work will be extended for
<br /> whether or not fabricated, installed, or completed, or, if the an additional period of one year after such correction
<br /> or
<br /> Work has been rejected by ENGINEER, remove it from the removal and replacement has been satisfactorily completed.
<br /> Project and replace it with Work that is not defective.
<br /> ' CONTRACTOR shall pay all Claims, costs, losses, and D . CONTRACTOR 's obligations under this
<br /> damages (including but not limited to all fees and charges of paragraph 13 .07 are in addition to any other obligation or
<br /> engineers, architects, attorneys, and other professionals and warranty. The provisions of this paragraph 13 .07 shall not
<br /> ' all court or arbitration or other dispute resolution costs) be construed as a substitute for or a waiver of
<br />the provisions
<br /> arising out of or relating to such correction or removal of any applicable statute of limitation or repose.
<br /> (including but not limited to all costs of repair or
<br /> replacement of work of others) . 13 .08 Acceptance of Defective Work .
<br /> ' 13 . 07 Correction Period A. If, instead of requiring correction or removal and
<br /> replacement of defective Work, OWNER (and, prior to
<br /> ' A. If within one year after the date of Substantial ENGINEER' s recommendation of final payment,
<br /> Completion or such longer period of time as may be ENGINEER) prefers to accept it, OWNER
<br /> may do so.
<br /> prescribed by Laws or Regulations or by the terms of any CONTRACTOR shall pay all Claims, costs, losses,
<br /> and
<br /> applicable special guarantee required by the Contract damages (including but not limited to all fees and charges of
<br /> ' Documents or by any specific provision of the Contract engineers, architects, attorneys, and other professionals
<br /> and
<br /> Documents, any Work is found to be defective, or if the all court or arbitration or other dispute resolution
<br /> costs)
<br /> repair of any damages to the land or areas made available attributable to OWNER' s evaluation of and determination
<br /> ' for CONTRACTOR's use by OWNER or permitted by to accept such defective Work (such costs to be approved
<br /> Laws and Regulations as contemplated in paragraph 6 . 1 LA by ENGINEER as to reasonableness) and the diminished
<br /> is found to be defective, CONTRACTOR shall promptly, value of the Work to the extent not otherwise paid
<br /> by
<br /> without cost to OWNER and in accordance with OWNER' s CONTRACTOR pursuant to this sentence. If any such
<br /> ' written instructions : (i) repair such defective land or areas, acceptance occurs prior to ENGINEER' s recommendation
<br /> or (ii) correct such defective Work or, if the defective Work of final payment, a Change Order will be issued
<br /> has been rejected by OWNER, remove it from the Project incorporating the necessary revisions in the Contract
<br /> ' and replace it with Work that is not defective, and (iii) Documents with respect to the Work, and OWNER
<br /> shall be
<br /> satisfactorily correct or repair or remove and replace any entitled to an appropriate decrease in the Contract
<br /> Price,
<br /> damage to other Work, to the work of others or other land reflecting the diminished value of Work so accepted. If the
<br /> or areas resulting therefrom. If CONTRACTOR does not parties are unable to agree as to the amount
<br /> thereof,
<br /> ' promptly comply with the terms of such instructions, or in OWNER may make a Claim therefor as provided
<br /> in
<br /> an emergency where delay would cause serious risk of loss paragraph 10 .05 . If the acceptance occurs after
<br /> such
<br /> or damage, OWNER may have the defective Work recommendation, an appropriate amount will be paid by
<br /> ' corrected or repaired or may have the rejected Work re- CONTRACTOR to OWNER.
<br /> moved and replaced, and all Claims, costs, losses, and
<br /> damages (including but not limited to all fees and charges of 13 . 09 OWNER May Correct Defective Work
<br /> engineers, architects, attorneys, and other professionals and
<br /> ' all court or arbitration or other dispute resolution costs) A. If CONTRACTOR fails within a reasonable time
<br /> arising out of or relating to such correction or repair or such after written notice from ENGINEER to correct defective
<br /> removal and replacement (including but not limited to all Work or to remove and replace rejected Work as required
<br /> ' costs of repair or replacement of work of others) will be by ENGINEER in accordance with paragraph 13 . 06 .A, or if
<br /> paid by CONTRACTOR. CONTRACTOR fails to perform the Work in accordance
<br /> with the Contract Documents, or if CONTRACTOR fails to
<br /> ' comply with any other provision of the Contract
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