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ARTICLE 9 CORRECTION OF WORK <br />§ 9.1 The Design/Builder shall promptly correct Work rejected by the Owner or known <br />by the Design/Builder to be defective or failing to conform to the requirements of the <br />Contract Documents, whether observed before or after Substantial Completion and <br />whether or not fabricated, installed or completed. The Design/Builder shall bear costs <br />of correcting such rejected Work, including additional testing and inspections. <br />§ 9.2 If, within one (1) year after the date of Substantial Completion of the Work or, after <br />the date for commencement of warranties established in a written agreement between <br />the Owner and the Design/Builder, or by terms of an applicable special warranty <br />required by the Contract Documents, any of the Work is found to be not in accordance <br />with the requirements of the Contract Documents, the Design/Builder shall correct it <br />promptly after receipt of a written notice from the Owner to do so unless the Owner has <br />previously given the Design/ Builder a written acceptance of such condition. <br />§ 9.3 Nothing contained in this Article 9 shall be construed to establish a period of <br />limitation with respect to other obligations which the Design/Builder might have under <br />the Contract Documents. Establishment of the time period of one (1) year as described <br />in Section 9.2 relates only to the specific obligation of the Design/Builder to correct the <br />Work, and has no relationship to the time within which the obligation to comply with the <br />Contract Documents may be sought to be enforced, nor to the time within which <br />proceedings may be commenced to establish the Design/Builder's liability with respect <br />to the Design/Builder's obligations other than specifically to correct the Work. <br />§ 9.4 If the Design/Builder fails to correct nonconforming Work as required or fails to <br />carry out Work in accordance with the Contract Documents, the Owner, by written order <br />signed personally or by an agent specifically so empowered by the Owner in writing, <br />may order the Design/Builder to stop the Work, or any portion thereof, until the cause <br />for such order has been eliminated; however, the Owner's right to stop the Work shall <br />not give rise to a duty on the part of the Owner to exercise the right for benefit of the <br />Design/Builder or other persons or entities. <br />§ 9.5 If the Design/Builder defaults or neglects to carry out the Work in accordance with <br />the Contract Documents and fails within seven (7) days after receipt of written notice <br />from the Owner to commence and continue correction of such default or neglect with <br />diligence and promptness, the Owner may give a second written notice to the <br />Design/Builder and, seven (7) days following receipt by the Design/Builder of that <br />second written notice and without prejudice to other remedies the Owner may have, <br />correct such deficiencies. In such case an appropriate Change Order shall be issued <br />deducting from payments then or thereafter due the Design/ Builder, the costs of <br />correcting such deficiencies. If the payments then or thereafter due the Design/Builder <br />are not sufficient to cover the amount of the deduction, the Design/Builder shall pay the <br />difference to the Owner. Such action by the Owner shall be subject to dispute <br />resolution procedures as provided in Article 10. <br />17 <br />