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Addendum 1 Page 6 <br />CITY OF EVERETT ⋅ 3200 Cedar Street ⋅ Everett, WA 98201 ⋅ (425) 257-8800 ⋅ Fax (425) 257-8882 <br /> <br />1. repair such damaged land or areas; or <br />2. correct such defective Work; or <br />3. if the defective Work has been rejected by Owner, remove it from the <br />Project and replace it with Work that is not defective, and <br />4. satisfactorily correct or repair or remove and replace any damage to <br />other Work, to the work of others or other land or areas resulting there <br />from. <br />If Contractor does not promptly comply with the terms of Owner’s written <br />instructions, or in an emergency where Delay would cause serious risk of loss <br />or damage, Owner may have the defective Work corrected or repaired or may <br />have the rejected Work removed and replaced. All claims, costs, losses, and <br />damages (including but not limited to all fees and charges of engineers, <br />architects, attorneys, and other professionals and all court or arbitration or <br />other dispute resolution costs) arising out of or relating to such correction or <br />repair or such removal and replacement (including but not limited to all costs <br />of repair or replacement of Work of others) will be paid by Contractor. <br />The Owner is hereby authorized to make such repairs if, ten (10) days after <br />giving of such notice to the Contractor, the Contractor has failed to make or <br />undertake the repairs with due diligence. In case of an emergency where, in <br />the opinion of the Owner, Delay could cause serious loss or damage, repairs <br />may be made prior to or concurrent with notice being sent to the Contractor. <br />All expenses in connection with such repairs will be charged to the <br />Contractor. <br />In special circumstances where a particular item of equipment is placed in <br />continuous service before Substantial Completion of all the Work, the <br />correction period for that item may start to run from an earlier date if so <br />provided in the Specifications. <br />Where defective Work (and damage to other Work resulting there from) has <br />been corrected or removed and replaced under this Paragraph 8.10, the <br />correction period hereunder with respect to such Work will be extended for an <br />additional period of one year after such correction or removal and <br />replacement has been satisfactorily completed. <br />Contractor’s obligations under this Paragraph 8.10 are in addition to any other <br />obligation, guarantee or warranty. The provisions of this Paragraph 8.10 shall <br />not be construed as a substitute for or a waiver of the provisions of any <br />applicable statute of limitation or repose.”