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1. Owner and Contractor further agree that such taking possession and use shall not be deemed <br /> as acceptance of the Work. <br /> 2. Takeover of completed portions of the Work shall be at the Owner's option and will not be <br /> made until the Work can be put into routine service on a permanent basis. <br /> E. The guarantee provided in this paragraph shall be in addition to those specific guarantee or <br /> warranty requirements for particular Equipment and Work items as indicated in the <br /> Specifications. <br /> 8.10 Correction Period <br /> A. If within one year after the date of Substantial Completion, or such longer period of time as may <br /> be prescribed by the terms of any applicable special guarantee required by the Contract <br /> Documents) or by any specific provision of the Contract Documents, any Work is found to be <br /> defective, or if the repair of any damages to the land or areas made available for Contractor's use <br /> by Owner or permitted by Laws and Regulations as contemplated in Paragraph 8.6.6. is found to <br /> be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's <br /> written instructions: <br /> 1. repair such defective 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 Project and replace it <br /> with Work that is not defective, and <br /> 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work <br /> of others or other land or areas resulting there from. <br /> B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an <br /> emergency where Delay would cause serious risk of loss or damage, Owner may have the <br /> defective Work corrected or repaired or may have the rejected Work removed and replaced. All <br /> claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, <br /> architects, attorneys, and other professionals and all court or arbitration or other dispute <br /> resolution costs) arising out of or relating to such correction or repair or such removal and <br /> replacement (including but not limited to all costs of repair or replacement of Work of others) <br /> will be paid by Contractor. <br /> C. The Owner is hereby authorized to make such repairs if, ten (10) days after giving of such notice <br /> to the Contractor, the Contractor has failed to make or undertake the repairs with due diligence. <br /> In case of an emergency where, in the opinion of the Owner, Delay could cause serious loss or <br /> damage, repairs may be made prior to or concurrent with notice being sent to the Contractor. All <br /> expenses in connection with such repairs will be charged to the Contractor. <br /> D. In special circumstances where a particular item of equipment is placed in continuous service <br /> before Substantial Completion of all the Work, the correction period for that item may start to run <br /> from an earlier date if so provided in the Specifications. <br /> E. Where defective Work (and damage to other Work resulting there from) has been corrected or <br /> removed and replaced under this Paragraph 8.7, the correction period hereunder with respect to <br /> such Work will be extended for an additional period of one year after such correction or removal <br /> and replacement has been satisfactorily completed. <br /> WFP Operations Building Seismic Retrofit-Rebid January 6, 2017 <br /> WO#UP3600 007213 -38 <br />