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contemplated in Paragraph 8.11.A is found to be do so. Contractor shall pay all claims, costs, losses.. defective, Contractor shall promptly, without cost to and damages (including but not limited to all fees Owner and in accordance with Owner's written and charges of engineers, architects, attorneys,and instructions: other professionals and all court or arbitration or other dispute resolution costs) attributable to 1. repair such defective land or areas.or Owner's evaluation of and determination to accept such defective Work(such costs to be approved by 2. correct such defective Work;or Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by 3. if the defective Work has been rejected by Contractor pursuant to this sentence. If any such Owner,remove it from the Project and replace it with acceptance occurs prior to Engineer's recommen- Work that is not defective,and dation of final payment, a Change Order will be issued incorporating the necessary revisions in the 4. satisfactorily correct or repair or remove Contract Documents with respect to the Work, and and replace any damage to other Work, to the work Owner shall be entitled to an appropriate decrease of others or other land or areas resulting therefrom, in the Contract Price,reflecting the diminished value of Work so accepted. If the parties are unable to B. If Contractor does not promptly comply agree as to the amount thereof, Owner may make a with the terms of Owner's written instructions, or in Claim therefor as provided in Paragraph 10 05 if the an emergency where delay would cause serious risk acceptance occurs after such recommendation, an of loss or damage, Owner may have the defective appropriate amount will be paid by Contractor to Work corrected or repaired or may have the rejected Owner Work removed and replaced All claims. costs, losses, and damages(including but not limited to all 13.09 Owner May Correct Defocfrve Work fees and charges of engineers,architects, attorneys. and other professionals and all court or arbitration or A. If Contractor fails within a reasonable other dispute resolution costs) arising out of or time after written notice from Engineer to correct relating to such correction or repair or such removal defective Work or to remove and replace rejected and replacement (including but not limited to all Work as required by Engineer in accordance with. costs of repair or replacement of work of others)will Paragraph 13.08.A. or if Contractor fails to perform be paid by Contractor the Work in accordance with the Contract Documents, or if Contractor fails to comply with any C In special circumstances where a particu- other provision of the Contract Documents, Owner lar item of equipment is placed in continuous service may, after seven days written notice to Contractor, before Substantial Completion of all the Work, the correct or remedy any such deficiency correction period for that item may start to run from an earlier date if so provided in the Specifications B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed D. Where defective Work (and damage to expeditiously. In connection with such corrective or other Work resulting therefrom) has been corrected remedial action,Owner may exclude Contractor from or removed and replaced under this Paragraph all or part of the Site,take possession of all or part of 13.07. the correction period hereunder with respect the Work and suspend Contractor's services related to such Work will be extended for an additional thereto, take possession of Contractor's tools. period of one year after such correction or removal appliances, construction equipment and machinery and replacement has been satisfactorily completed at the Site and incorporate in the Work all materials and equipment stored at the Site or for which Owner E. Contractor's obligations under this has paid Contractor but which are stored elsewhere. Paragraph 13.07 are in addition to any other Contractor shall allow Owner, Owner's obligation or warranty. The provisions of this representatives, agents and employees, Owner's Paragraph 13 07 shall not be construed as a other contractors, and Engineer and Engineer's substitute for or a waiver of the provisions of any consultants access to the Site to enable Owner to applicable statute of limitation or repose exercise the rights and remedies under this Paragraph. 13.08 Acceptance of Defective Work C. All claims, costs, losses, and damages A. If. instead of requiring correction or (including but not limited to all fees and charges of removal and replacement of defective Work, Owner engineers, architects, attorneys, and other (and, prior to Engineer's recommendation of final professionals and all court or arbitration or other payment, Engineer) prefers to accept it. Owner may dispute resolution costs) incurred or sustained by EJCDC C-100 Siandard General Conditions of the Consirorlion Contract, Copy righl a 2002 National Sochi)of Professional Engineers for EJCDC. AU tights reser+ed. 00'40.31 03/12 11-4179