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