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or warranty. The provisions of this Paragraph expeditiously. In connection with such <br /> 13.07 shall not be construed as a substitute for corrective or remedial action, Owner may <br /> or a waiver of the provisions of any applicable exclude Contractor from all or part of the Site, <br /> statute of limitation or repose. take possession of all or part of the Work and <br /> suspend Contractor's services related thereto, <br /> 13.08 Acceptance of Defective Work take possession of Contractor's tools, <br /> appliances, construction equipment and <br /> A. If, instead of requiring correction or removal machinery at the Site, and incorporate in the <br /> and replacement of defective Work, Owner Work all materials and equipment stored at <br /> (and, prior to Engineer's recommendation of the Site or for which Owner has paid <br /> final payment, Engineer) prefers to accept it, Contractor but which are stored elsewhere. <br /> Owner may do so. Contractor shall pay all Contractor shall allow Owner, Owner's <br /> claims, costs, losses, and damages (including representatives, agents and employees, <br /> but not limited to all fees and charges of Owner's other contractors, and Engineer and <br /> engineers, architects, attorneys, and other Engineer's consultants access to the Site to <br /> professionals and all court or arbitration or enable Owner to exercise the rights and <br /> other dispute resolution costs) attributable to remedies under this Paragraph. <br /> Owner's evaluation of and determination to <br /> accept such defective Work(such costs to be C. All claims, costs, losses, and damages <br /> approved by Engineer as to reasonableness) (including but not limited to all fees and <br /> and the diminished value of the Work to the charges of engineers,architects,attorneys,and <br /> extent not otherwise paid by Contractor other professionals and all court or arbitration <br /> pursuant to this sentence. If any such or other dispute resolution costs) incurred or <br /> acceptance occurs prior to Engineer's sustained by Owner in exercising the rights <br /> recommendation of final payment, a Change and remedies under this Paragraph 13.09 will <br /> Order will be issued incorporating the be charged against Contractor, and a Change <br /> necessary revisions in the Contract Order will be issued incorporating the <br /> Documents with respect to the Work, and necessary revisions in the Contract <br /> Owner shall be entitled to an appropriate Documents with respect to the Work; and <br /> decrease in the Contract Price, reflecting the Owner shall be entitled to an appropriate <br /> diminished value of Work so accepted. If the decrease in the Contract Price. If the parties <br /> parties are unable to agree as to the amount are unable to agree as to the amount of the <br /> thereof,Owner may make a Claim therefor as adjustment, Owner may make a Claim <br /> provided in Paragraph 10.05. If the therefor as provided in Paragraph 10.05. Such <br /> acceptance occurs after such claims,costs,losses and damages will include <br /> recommendation, an appropriate amount will but not be limited to all costs of repair, or <br /> be paid by Contractor to Owner. replacement of work of others destroyed or <br /> damaged by correction, removal, or <br /> 13.09 Owner May Correct Defective Work replacement of Contractor's defective Work. <br /> A. If Contractor fails within a reasonable time D. Contractor shall not be allowed an extension <br /> after written notice from Engineer to correct of the Contract Times because of any delay in <br /> defective Work or to remove and replace the performance of the Work attributable to <br /> rejected Work as required by Engineer in the exercise by Owner of Owner's rights and <br /> accordance with Paragraph 13.06.A, or if remedies under this Paragraph 13.09. <br /> Contractor fails to perform the Work in <br /> accordance with the Contract Documents, or ARTICLE 14—PAYMENTS TO CONTRACTOR <br /> if Contractor fails to comply with any other AND COMPLETION <br /> provision of the Contract Documents, Owner <br /> may, after seven days written notice to 14.01 Schedule of Values <br /> Contractor, correct or remedy any such <br /> deficiency. A. The Schedule of Values established as <br /> provided in Paragraph 2.07.A will serve as the <br /> B. In exercising the rights and remedies under basis for progress payments and will be <br /> this Paragraph 13.09, Owner shall proceed incorporated into a form of Application for <br /> Standard General Conditions <br /> 00 72 00-40 <br />