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' If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefore as <br /> provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate <br /> amount will be paid by Contractor to Owner. <br /> 13.09 Owner May Correct Defective Work <br /> ' A. If Contractor fails within a reasonable time after written notice from Engineer to correct <br /> defective Work, or to remove and replace rejected Work as required by Engineer in accordance <br /> with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the <br /> ' Contract Documents, or if Contractor fails to comply with any other provision of the Contract <br /> Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any <br /> such deficiency. <br /> ' B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed <br /> expeditiously. In connection with such corrective or remedial action, Owner may exclude <br /> ' Contractor from all or part of the Site, take possession of all or part of the Work and suspend <br /> Contractor's services related thereto, take possession of Contractor's tools, appliances, <br /> construction equipment and machinery at the Site, and incorporate in the Work all materials and <br /> equipment stored at the Site or for which Owner has paid Contractor but which are stored <br /> elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, <br /> Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable <br /> ' Owner to exercise the rights and remedies under this Paragraph. <br /> C. All claims, costs, losses, and damages (including but not limited to all fees and charges of <br /> engineers, architects, attorneys, and other professionals and all court or arbitration or other <br /> dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies <br /> under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be <br /> issued incorporating the necessary revisions in the Contract Documents with respect to the <br /> Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties <br /> are unable to agree as to the amount of the adjustment, Owner may make a Claim therefore as <br /> provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be <br /> limited to all costs of repair, or replacement of work of others destroyed or damaged by <br /> correction, removal, or replacement of Contractor's defective Work and the Owner's expenses <br /> and compensation for the Engineer's additional services made necessary by Contractor's default, <br /> neglect, or failure. Contractor covenants and agrees that Owner may retain, deduct, or offset <br /> Monies due to Owner pursuant to this Paragraph 13.09.0 from Monies due to Contractor under <br /> ' the Contract Documents. Contractor further covenants and agrees that Owner retains the right to <br /> make such reduction or offset at any time prior to and including final payment and that the <br /> imposition and the deduction and/or offset of such Monies shall not be subject to any notice or <br /> ' Claim provisions of the Contract Documents. <br /> D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the <br /> ' performance of the Work attributable to the exercise by Owner of Owner's rights and remedies <br /> under this Paragraph 13.09. <br /> ' EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 67 of 81 <br />