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49 <br /> 37 <br /> 17.4 If, in fulfilling the requirements of the Contract Documents or of any guarantee embraced <br /> therein or required thereby, the Design-Builder disturbs any work, facility, premises, or <br /> construction belonging to the Owner, the Design-Builder shall restore such disturbed work to a <br /> condition satisfactory to the Owner, and shall guarantee such restored work to the same extent <br /> as if it were Work under the Contract Documents. <br /> 17.5 If the Design-Builder, after notice, fails to proceed promptly to comply with the terms of the <br /> guarantee, the Owner may have the defects corrected, and the Design-Builder and the Design- <br /> Builder's sureties shall be liable for all expenses incurred. "Promptly" is defined as within <br /> twenty-four(24) hours for systems necessary to normal operation of the building and within <br /> seventy-two (72) hours for all other items. All special guarantees applicable to definite parts of <br /> the Work that may be shown in or required by Contract Documents shall be subject to the terms <br /> of this paragraph during the first year of the life of such special guarantee. Manufacturer's <br /> standard guarantees or warranties which do not comply with the time limit specified herein shall <br /> be extended by the Design-Builder automatically without further action on the part of the Owner. <br /> 17.6 In the eleventh calendar month after the date of Substantial Completion the Owner's <br /> Authorized Representative, and at the request of the Owner the Design-Builder, shall make an <br /> inspection of the Work for the purpose of identifying defective workmanship and/or materials. If <br /> the Design-Builder, having been requested to do so by the Owner, fails to participate in such <br /> inspection, the Design-Builder shall be conclusively bound by any decision or ruling by the <br /> Owner's Authorized Representative as to any defective workmanship or material and as to the <br /> Design-Builder's responsibility for its repair or replacement. <br /> ARTICLE 18. OWNER'S RIGHT TO DO WORK <br /> 18.1 If, during the progress of the Work or during any period of guarantee, the Design-Builder <br /> fails to prosecute the Work properly or to perform any provision of the Contract Documents, the <br /> Owner, after three (3) days written notice to the Design-Builder from the Owner's Authorized <br /> Representative may perform or have performed that portion of the Work and may deduct the <br /> cost thereof from any amounts due or to become due the Design-Builder. Notwithstanding any <br /> action by the Owner under this paragraph, all warranties and bonds given or to be given by the <br /> Design-Builder shall remain in effect or shall be given by the Design-Builder. <br /> 18.2 Should the cost of such action by the Owner exceed the amount due or to become due the <br /> Design-Builder, the Design-Builder and his sureties shall be liable for and shall pay to the <br /> Owner the amount of such excess. <br /> ARTICLE 19. PARTIAL PAYMENTS <br /> 19.1 Within thirty (30) days after its initial receipt of the Design-Build Contract for signatures, the <br /> Design-Builder shall submit to the Owner's Authorized Representative a Schedule of Values. <br /> The Schedule of Values shall indicate the value of the Work, including applicable overhead and <br /> profit, for each division and section of the Project Specifications. The Owner shall be provided <br /> with the Design-Builder's estimate papers, Subcontractor agreements, supplier quotes, or other <br /> documents substantiating these values if so requested in writing by the Owner's Authorized <br /> Representative. The Design-Builder shall provide the requested documentation within seven (7) <br /> days after receipt of the Owner's Authorized Representative's written request. The Schedule of <br /> Values shall be subject to approval by the Owner, and if the Owner and the Design-Builder <br /> Revised 2/17 <br />