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<br />item may start to nm from an earlier date if so provided in <br />Ihc Specifications or by Wriuen Amendment. <br /> <br />C. Where defective Work (and damage to other Work <br />resulting therefrom) has been corrected or removed and <br />replaced UDder this paragrapb 13.07, tbc correction period <br />hereunder with respect to such Work will be extended for an <br />additional period of one year afu:r such correction or removal <br />and replacement bas been satisfactorily completed. <br /> <br />D. CONTRACfOR's obligations under this paragraph <br />13.07 are in addition to any other obligation or wan-anry. <br />Tbe provisioDs of this paragraph 13.07 sbal1 not be construed <br />as a substiNte for or a waiver of the provisions of any <br />applicable staNte of limitation or repose. <br /> <br />13.08 Acceptance of Defective Work <br /> <br />A. If, instead of requiring correction or removal 3Dd <br />replacemeDl of defective Work, OWNER (and, prior to <br />ENGINEER's recommepfllfioa of fanal payment, <br />ENGINEER.) prefen to accept it,' OWNER may do 10. <br />CONTRACTOR shall pay all Claims, costs, losses, and <br />"lIl1U1p (includiDg but DOt limited 10 all fees and charges of <br />~, architects, attorneys, aud other professionals and <br />all coun or arbitration. or otbcr dispute resolution cosu) <br />auributable to OWNER's evaluation of and detennination to <br />ICCept such defective Work (such costs to be approved by <br />ENGINEER as to reasonableness) and the dbninillhed value <br />of the Work to the extent DOt otherwise paid by <br />CONTRACTOR pursuant to Ibis semence. If any such <br />ICCepIBDCC 0CCUl'I prior to ENGlNBBR's recomlft4ll!nttSlrion of <br />filial ~ a ChSl'" Order wiJl be issued iDcorporatiDa <br />die aecessary rcvislous ia tbe Coattacl Doaqrntll with <br />Iapect to die WOIt, IIIIl OWNER IbaU be eadded to III <br />-ftilopriare dec;:n:aK iii die CoaInct Price, IeOectiDI cbe <br />dillllnw-l value of Wed 10 ICCepted.. If cbe pIdJes lie <br />aaabIe to qree IS to cbe IIIIOUIIl cbereof, OWNEll may mab <br />a CIaJm Ibcrefor IS pRwidecllD pansraph 10.05. If cbe <br />.ccept-- occun after'such RCC)mllll'ft'hrinQ, au appmpriafe <br />IIIIOUIIl wiD be paid by CONTRACTOR to OWNER. <br /> <br />13.09 OWNER May Con-ect DtjeCliw Wolfe <br /> <br />A. If CONTRACTOR fails widIiD a reasonable lime <br />.aft<< writtea.DOCice from .ENGINEER to correct defective <br />Wed or to IaIIM IIIIl rqJIace Jejecfed Work IS requiIed by <br />ENGINEER ia 8CCOI'daDce with panaraph 13.06.A, or if <br />CONTRACTOR fails 50 perform cbe Wort.m ICCOt'daace <br />wida die C4aInIcC ~.-nt., or II CONTRACI'OR IaiJI to <br />comply wida my odIer jlfovisiaD 01 die CoaInct Doca~~ <br />OWNER may, after sm:a days wriaea aodce to <br />CONTRACTOR, correct aod remedy III)' such deflCieucy. <br /> <br />B. In emdsiDa cbe ri&ID aDd remedies UDder chiI <br />paracnph. OWtmR IbID proc:eecI ~doudy. In <br /> <br />00700 - 36 <br /> <br />conaection with such corrective and remedial action <br />OWNER. may exclude CONTRACTOR from all or pan of <br />the Site, take possession of all or part of the Work and <br />suspend CONTRACTOR's services relatccl thereto,. taJce <br />possessioD of CONTRACfOR's tools, appliances, con- <br />strUCtion equipment and machinery at the Site, and incorpo- <br />rate in the Work all materiaIs and equipment stored at the <br />Site or for which OWNER has paid CONTRACTOR but <br />which are stored elsewhere. CONTRACTOR shall allow <br />OWNER, OWNER's representatives, agents and employees, <br />OWNER's other contractors. and ENGINEER and <br />ENGINEER's Coasultants access to the Site to enable <br />OWNER to exercise the rights and remedies under this <br />paragraph. <br /> <br />C. .AIl Claims, costs, losses, and damages (including <br />but DOt limited to all fees and charges of engineers, <br />ard1it.ccIs, aaomeys. aud ocher.professionals and all court or <br />arbitration or ocher dispute. resolution costs) incurred or <br />sustained by OWNER in exercisiq the risJlts and remedies <br />under this paragraph 13.09 wiD. be charged against CON- <br />TRACTOR. aDd a Cwlge Order will be issued incorporating <br />the neetSlary revisions in the Conttad Documents with <br />respect to the Work; aDd OWNER sbaI1 be entitled to an <br />appropriate decrease in dJe Conttact Price. If tbe parties are <br />unable to agree as to the amount of Ihc adjUstment, OWNER <br />may make a Claim therefor as provided in paragraph 10.0S. <br />Such claims, costs, losses and damages wID include but not <br />be limited to all costs of repair, or replacement of work of <br />others destroyed or damaged by correction, removal, or <br />replacemeDl of CONTRACTOR's defective Work. <br /> <br />D. CONTRACTOR sbaI1 DOt be allowed III eDalSion <br />of die Coattact Times (or MilestoDes) because of lIlY delay <br />in Ibe perfGnaaace oflbe Work aaribufabJe to die aadse by <br />OWNER of OWNER's rigbrI ad remecIicI uadeI' cbiI <br />panaraph 13.09. <br /> <br />ARTICLE 14 --PAYMENTS.TO CONTRACTOR AND <br />COMPLETION <br /> <br />14.01 Scheduk of VDluu <br /> <br />A. The. schedule of values estiblisbecf as provided.in <br />paragraph 2.fn.A wiD serve as the basil for .pmgraB <br />paymeaIS IDd wiD be iacorporared iato a form of Applicatioo <br />for PayJDaIl acceptable to ENGINEER. Propas paymeDlI <br />oalCCOUDl of VDk Price Work will be based OIl the DIIIDbec <br />of aaiCI c:omp1eCed. . . <br />, <br />