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<br />item may start to run from an earlicr date if so provided in <br />the Specifications or by Written Amcndment. <br /> <br />C. Wherc defcctive Work: (and damage to other Work: <br />resulting therefrom) has been corrected or removed and <br />replaced undcr this paragraph 13.07, the correction period <br />hereunder with respect to such Work will be extended for an <br />additiooal period of one year after such corrcction or removal <br />and replacement has been satisfactorily completed. <br /> <br />D. CONTRACfOR's obligations under this paragraph <br />13.07 are in addition to any other obligation or warranty. <br />The provisions of Ibis paragraph 13.07 shall not be construed <br />as a substitutc for or a waiver of the provisions of any <br />applicable swutc of limitation or repose. <br /> <br />13.08 Acceptance of Defective Work <br /> <br />A. If, instead of requiring correction or removal and <br />replaCCJDeDl of defective Work, OWNER (and, prior to <br />ENGINEER's recommendation of fmal payment, <br />ENGINEER) prefers to accept it,' OWNER may do so. <br />CONTRACTOR shall pay aU Claims, costs, losses, and <br />damages (iDcluding but DOt limited to all fecs and chargcs of <br />~~, architecu, attorneys, and other profcssionals and <br />all court or arbitration. or other dispute rcsolution costs) <br />attributable to OWNER's evaluation of and detennination to <br />accept such defective Work: (such costs to be approved by <br />ENGINEER as to reasonableness) and the diminished valuc <br />of the Work to the extent DOt otherwise paid by <br />CONTRACTOR pursuant 10 this sentence. If any such <br />acc:epamce occun prior to ENGINEER's rccomm~dation of <br />fmal paymaIt. a Cwlge Order will. be issued inco:porating <br />the IleCftsary revisions in the Contract Documcms with <br />respect to the Work, aDd OWNER sba11 be CDtitlcd to an <br />appropriate decrease iIi die Conttad Price, ref1ccdDg the <br />d"nnMWuod wlue 0( wart 10 IICCCptCd. If the parties ~ <br />uaable fa IIfI'C as to die amouat tbereof, OWNER. may make <br />a Claim. therefor as pRMded in paragraph 10.OS. If the <br />ICCCptIDCe oocurs after such rccontm"",,lItion, an appropriate <br />amouat will be paid by CONTRACTOR to OWNER. <br /> <br />13.09 OWNER May Con-eel Dqectille Worlc <br /> <br />A. If CONTRACTOR falls wilhin a reasoaable time <br />. .after. wria.eD 'DOtice from .ENGINEER to correct defective <br />Work or to zemove amd replace ~ Work as required by <br />ENGINEBR ill accordaace with paragraph 13.06.A. or if <br />CONTRACfOR flUs to perform the Work.in ICCOrdaDce <br />widllbe CoattIct Doc:umeII1$, or if CONTRACTOR fails to <br />comply widllll)' ocber JIiovisioa. 0( Ibe Comract DocPtrnts, <br />OWNER IDI)', after ICVCIl da:yI wriuca DOtice to <br />CONTRACfOR, correct aDd ~medy any such deficicocy. <br /> <br />B. In exercisiD& tbc rights aDd remedies UDder this <br />parasnph. OWrmR shall pIOCCed expeditiously. In <br /> <br />00700 - 36 <br /> <br />n <br /> <br />LJ <br /> <br />connection with sueb corrective and remedial action. n <br />OWNER may exclude CONTRACfOR from all or pan r' U <br />the Sitc, lake possession of all or pan of the Work a <br />suspend CONTRACTOR's services related thereto,' take n <br />posscssion of CONTRACTOR's tools, appliances, con- <br />u <br />struction equipment and machinery at the Site, and incorpo- <br />rate in the Work all materials and equipment stored at the n <br />Site or for which OWNER has paid CONTRACTOR but <br />which are stored elsewhere. CONTRACTOR shall allow LJ <br />OWNER, OWNER's representativcs, agcnts and employees, <br />OWNER's other contractors, and ENGINEER and n <br />ENGINEER's Consultants access to the Site to enable u <br />OWNER to exercise the rights and remedies under this <br />paragraph. n <br /> <br />C. .AU Claims, costs, losses, and damages (including LJ <br />but not limited to all fees and charges of engineers. <br />architects, attomcys, andothcr.profcssioaals and all court or n <br />arbitration or other dispute. resolution COSU) incurred or LJ <br />sustained by OWNER in excrcisiD& the righu and remedies <br />under this paragraph 13.09 will'be charged against CON- <br />TRACI'OR, and a Change Order will be issued incorporating <br />the necessary revisions in the Contract Documenu with <br />respect 10 thc Work; and OWNER. shall be entided to an <br />appropriate decrease in the Contract Price. If the parties are <br />unable to agree as to the amount of the adjuStment, OWNER <br />may make a Claim therefor as provided in paragraph 10.05. <br />Such claims, costs, losscs and damages will include but DC' <br />be limited to all costs of repair, or replacement of work 0, <br />others destroyed or damaged by correction, removal, or <br />replacement of CONTRACTOR's defective Work. <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />u <br /> <br />n <br /> <br />u <br /> <br />n <br /> <br />D. CONTRACTOR shall DOt be allowed an extension <br />of the Contract Times (or Mi1estcmes) because of any delay <br />in Ibc performm::e of Ibc Work aarilxJtab1e to die exeICise by <br />OWNER. of OWNER'. rights aud remedies under this <br />paracrIph 13.09. <br /> <br />u <br /> <br />n <br />LJ <br /> <br />ARTICLE 14 --PAYMENTS.TO CONTRACTOR AND <br />COMPLETION <br /> <br />n <br />u <br /> <br />n <br />LJ <br /> <br />14.01 Schedule of Values <br /> <br />n <br /> <br />A. The. schedule of values cstablished as provided.in <br />paragraph 2.07.A will serve IS the basis for .progress <br />paymcms and will be iDcorporatcd iDto a form of Application <br />for Payment acceptable to ENGINEER. Progress payments <br />on ICCOUDt of Uait Price W~rk will be based 011 the number <br />of uaits complCUld. . . <br />, <br /> <br />LJ <br /> <br />If <br /> <br />u <br /> <br />n <br /> <br />w <br /> <br />n <br />LJ <br /> <br />n <br /> <br />u <br />