or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if
CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven
days written notice to CONTRACTOR, correct and remedy any such deficiency.
B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In
connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of
the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and
incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's
Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph.
C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs)
incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be
charged against CONTRACTOR, and a Change Order will be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the
Contract Price. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim
therefore as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited
to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or
replacement of CONTRACTOR's defective Work.
D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay
in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under
this paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
A. The schedule of values established as provided in paragraph 2.01.A will serve as the basis for progress
payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress
payments on account of Unit Price Work will be based on the number of units completed.
14.02 Progress Payment
A. Applications for Payments
1. At least 20 days before the date established for each progress payment (but not more often than once a
month), CONTRACTOR shall submit to OWNER an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the date of the Application and accompanied by
such supporting documentation as is required by the Contract Documents. If payment is requested on the
basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the
Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by
a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and
equipment free and clear of all Liens and evidence that the materials and equipment are covered by
appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which
must be satisfactory to OWNER. Any request for partial or final payment shall specifically list the work
completed. To facilitate the proper and timely payment of applications, the OWNER requires
that all applications must reference a valid PURCHASE ORDER NUMBER, as submitted to
CONTRACTOR under the Notice to Proceed, be in original format; OWNER will not authorize
payments from carbon or Xerox copies, and mailed directly to the following address:
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