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costs attributablc to O\VNER's evaluacion of and determi- <br />rmtion to aeeept such dejecrive Work (such costs to bt pprovtd <br />by ENGWEER as to reasonablcness and to includ but not <br />be limited to fees and charges of engineers, archite ts, attor- <br />neys and other proCessionais). If any such acceptan e occurs <br />prior to ENGINEER's recommendation of final pa ment, a <br />Change Order will be issued incorporating the neces ary revi- <br />sions in the Contract Documents wi[h respec[ to t e Work; <br />and OWNER shall ba entitled to an appropriate de rease in <br />the Contract Price, and, if the parties are unable [o agree as <br />to the amoun[ [hereof, OWNER may make a clai therefor <br />as provided in Artide 11. If the acceptance occurs fter such <br />recommendation, an appropriate amount wifl be paid by <br />CONTRACfOR to OWNER. <br />OWNER dlay Correc[ Dejecfive Wark: <br />13.14. If CONTRACI'OR fails wiehin a reason ble time <br />after writ[en notice of ENGINEER to proceed to c rrect and <br />to eorrect dejecrive Work or to remove and replac rejected <br />Work as required by ENGINEER in accordance ith pare- <br />graph 13.11, or if CONTRACTOR fails to perForm he Work <br />in accordance with the Contrac[ Documents, or if CON- <br />TRACI'OR fails to comply with any other provisi n of the <br />Cantract Documents, ONNER may, af[er seven d ys' writ- <br />ten notice to CONTRACTOR, correct and remedy any such <br />deficiency. In exercising the rights and remedies nder this <br />paragreph OWNER shalt proceed expediciously. To e ex[ent <br />necessary to complete corrective and remedial action, ONVNER <br />may exclude CONTRACTOR from all or part of the site, take <br />possession of all or parc of the Work, and suspe d CON- <br />TRACTOR's services refated thereto, [ake poss ssion of <br />CONTRAC!'OR's tools, appliances, construction e uipment <br />and machinery at the site and incorporate in the Work all <br />materiais and equipment scored at the site or for which O WNER <br />has paid CONTRACiOR but which are stored e sewhere. <br />CONTRACTOR shall atlow OWNER, OWNER's epresen- <br />tatives, agents and employees such access to the si e as may <br />be necessary to enable ONNER to exercise the 'ghts and <br />remedies under this paagraph. AII direct, indirect and con- <br />sequential cos[s of OWNER in exercising such ghts and <br />remedies will be charged against CONTRACfOR in n amount <br />approved as to reasonabteness by ENGINEER, and a Change <br />Order will be issued incorporating the necessary re isions in <br />the Contract Documents with respect to the ork; and <br />OWNER shatl be entitled to an appropriate decr e in the <br />Contract Price, and, if the parties are unable to a rce az to <br />the amount thereof, OWNER may make a claim t erefor as <br />provided in Articte 11. Such direct, indirect and c nsequen- <br />tiat eosts wilt include but not be limited to fees an charges <br />of engincers, architects, attorneys and other prof ssionals, <br />all court and arbitration costs and all costs oC r pair and <br />teplacement of work of others destroyed or da aged by <br />correction, removal or replacement of CONT CTOR's <br />dejective Work. CONTRACTOR shall not be at owed an <br />extension of the Contrect Time because oC any del y in per- <br />formance of the Work attributable to the exercise by O WNER <br />of OWNER's rights and remedies hereunder. <br />ARTICLE 14-PAYMENTS "I'O CONTRACTOR AND <br />COMPLETION <br />Schedule ojVaGies: <br />14. 1. The schedule o( values established as provided in <br />paragraph 2.9 will serve as the basis Cor progress payments <br />and will be incorporated into a form of Application (or Pay- <br />ment acceptable to ENGINEER. Progress payments on <br />account of Unit Price Work will be based on the number of <br />units cample[ed. <br />App(ication jorProgress Payn+erst: <br />14.2. At least nventy days beCore each progress payment <br />is scheduled (but not more often than once a month), CON- <br />TRACI'OR shatt submit to ENGINEER for review an Appli- <br />cation for Payment filted out and signed by CONTRACCOR <br />covering the Work completed as of the date of the Application <br />and accompanied by such supporting documentation as is <br />required by the Contrzct Documents. If payment is requested <br />on the basis of materials and equipment not incorporated in <br />the Work but delivered and suitably srored at the site or at <br />another location agreed [o in writing, the Application for <br />Payment shall also be accompanied by a bi(I of sale, invoice <br />or other documentation warrenting ffiat OWNER has received <br />the materials and equipment free and ctear of atl liens, charges, <br />security interests and encumbrances (which are hereinafter <br />in these Generat Conditions referred to as "Liens") and <br />evidence that the materials and equipment are covered by <br />appropriate property insurance and other arrangements to <br />pro[ect OWNER's interest [herein, all of which will be sat- <br />isfactory to OWNER. The amount of retainage with respect <br />[o progress payments will be as stipulated in the Agreement. <br />CONTRACTOR's 4Yarranry ojTit[e: <br />143. CONTRACTOR warrants and guarantees Ihat tifle <br />to all Work, materials and equipment covered by any Appli- <br />ca[ion for Payment, whether incorporated in the Projec[ or <br />not, will pass to OFVNER no tater than the time of payment <br />free and dear of alt Liens. <br />Review ojApplieafiaes jar Progress Payment: <br />14.4. ENGINEER will, within ten days after receipt of <br />each Application for Payment, either indicate in wridng a <br />recommendation of payment and present the Application to <br />OWNER, or retum the Application to CONTRACTOR indi- <br />cating in writing ENGINEER's reasons for refusing to rec- <br />ommend payment. In the Iatter case, CONTRACI'OR may <br />make the necessary corrections and resubmit the Applica- <br />tion. Ten days a(ter presentation of the Application for Pay- <br />ment with ENGINEER's recommendation, the amount rec- <br />ommended will (subject to the provisions of the last sentence <br />of paragraph 14.7) become due and when due witl be paid by <br />OWNER to CONTRAC'COR. <br />14.5. ENG[NEER's recommendation oC any payment <br />requested in an Application for Payment will cons[itute a <br />56 <br />