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<br />contemplated in Paragraph 6.11.A is found to be
<br />defective, Contractor shall promptly, without cost to
<br />Owner and in accordance with Owner's written
<br />instructions:
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<br />1. repair such defective land or areas; or
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<br />2. correct such defective Work; or
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<br />3. if the defective Work has been rejected by
<br />Owner, remove it from the Project and replace it with
<br />Work that is not defective, and
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<br />4. satisfactorily correct or repair or remove
<br />and replace any damage to other Work, to the work
<br />of others or other land or areas resulting therefrom.
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<br />B, If Contractor does not promptly comply
<br />with the terms of Owner's written instructions, or in
<br />an emergency where delay would cause serious risk
<br />of loss or damage, Owner may have the defective
<br />Work corrected or repaired or may have the rejected
<br />Work removed and replaced. All claims, costs,
<br />losses, and damages (including but not limited to all
<br />fees and charges of engineers, architects, attorneys,
<br />and other professionals and all court or arbitration or
<br />other dispute resolution costs) arising out of or
<br />relating to such correction or repair or such removal
<br />and replacement (including but not limited to all
<br />costs of repair or replacement of work of others) will
<br />be paid by Contractor.
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<br />C. In special circumstances where a particu-
<br />lar item of equipment is placed in continuous service
<br />before Substantial Completion of all the Work, the
<br />correction period for that item may start to run from
<br />an earlier date if so provided in the Specifications.
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<br />D. Where defective Work (and damage to
<br />other Work resulting therefrom) has been corrected
<br />or removed and replaced under this Paragraph
<br />13.07, the correction period hereunder with respect
<br />to such Work will be extended for an additional
<br />period of one year after such correction or removal
<br />and replacement has been satisfactorily completed.
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<br />E. Contractor's obligations under this
<br />Paragraph 13.07 are in addition to any other
<br />obligation or warranty. The provisions of this
<br />Paragraph 13.07 shall not be construed as a
<br />substitute for or a waiver of the provisions of any
<br />applicable statute of limitation or repose.
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<br />13.08 Acceptance of Defective Work
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<br />A. If, instead of requiring correction or
<br />removal and replacement of defective Work, Owner
<br />(and, prior to Engineer's recommendation of final
<br />payment, Engineer) prefers to accept it, Owner may
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<br />do so. Contractor shall pay all claims, costs, losses,
<br />and damages (including but not limited to all fees
<br />and charges of engineers, architects, attorneys, and
<br />other professionals and all court or arbitration or
<br />other dispute resolution costs) attributable to
<br />Owner's evaluation of and determination to accept
<br />such defective Work (such costs to be approved by
<br />Engineer as to reasonableness) and the diminished
<br />value of the Work to the extent not otherwise paid by
<br />Contractor pursuant to this sentence. If any such
<br />acceptance occurs prior to Engineer's recommen-
<br />dation of final payment, a Change Order will be
<br />issued incorporating the necessary revisions in the
<br />Contract Documents with respect to the Work, and
<br />Owner shall be entitled to an appropriate decrease
<br />in the Contract Price, reflecting the diminished value
<br />of Work so accepted. If the parties are unable to
<br />agree as to the amount thereof, Owner may make a
<br />Claim therefor as provided in Paragraph 10.05. If the
<br />acceptance occurs after such recommendation, an
<br />appropriate amount will be paid by Contractor to
<br />Owner.
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<br />13.09 Owner May Correct Defective Work
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<br />A. If Contractor fails within a reasonable
<br />time after written notice from Engineer to correct
<br />defective Work or to remove and replace rejected
<br />Work as required by Engineer in accordance with
<br />Paragraph 13.06.A, or if Contractor fails to perform
<br />the Work in accordance with the Contract
<br />Documents, or if Contractor fails to comply with any
<br />other provision of the Contract Documents, Owner
<br />may, after seven days written notice to Contractor,
<br />correct or remedy any such deficiency.
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<br />B. In exercising the rights and remedies
<br />under this Paragraph 13.09, Owner shall proceed
<br />expeditiously. In connection with such corrective or
<br />remedial action, Owner may exclude Contractor from
<br />all or part of the Site, take possession of all or part of
<br />the Work and suspend Contractor's services related
<br />thereto, take possession of Contractor's tools,
<br />appliances, construction equipment and machinery
<br />at the Site, and incorporate in the Work all materials
<br />and equipment stored at the Site or for which Owner
<br />has paid Contractor but which are stored elsewhere.
<br />Contractor shall allow Owner, Owner's
<br />representatives, agents and employees, Owner's
<br />other contractors, and Engineer and Engineer's
<br />consultants access to the Site to enable Owner to
<br />exercise the rights and remedies under this
<br />Paragraph.
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<br />C. All claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other
<br />dispute resolution costs) incurred or sustained by
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<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright i!:) 2002 National Society of Professional Engincers for EJCnc. All rights reservcd.
<br />00700 - 38
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<br />Final Version 01/07
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<br />03-4197
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