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<br />1\ <br /> <br />L.J <br /> <br />1\ <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />u <br /> <br />(I <br /> <br />u <br /> <br />n <br /> <br />u <br /> <br />11 <br />U <br /> <br />n <br /> <br />u <br /> <br />n <br /> <br />u <br /> <br />I' <br /> <br />LJ <br /> <br />n <br /> <br />u <br /> <br />(I <br /> <br />LJ <br /> <br />(I <br /> <br />LJ <br /> <br />(1 <br /> <br />L.J <br /> <br />,0, <br /> <br />LJ <br /> <br />r~l <br /> <br />u <br /> <br />1\ <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />Article 7, fires, floods, epidemics. abnormal weather <br />conditions, or acts of God. <br /> <br />12.04 Delays Within CONTRACTOR's Corurol <br /> <br />A. The Contract Times (or Milestones) will not be <br />extended due to delays within the control of <br />CONTRACTOR. Delays attributable to and within the <br />control of a Subcontractor or Supplier shall be deemed to be <br />delays within the control of CONTRACTOR. <br /> <br />12.05 Delays Beyond OWNER's and CONTRA CTOR 's <br />ConJrol <br /> <br />A. Where CONTRACTOR is prevented from complet- <br />ing any pa..; -of the Work within the Contract Times (or <br />Milestones) due to delay beyond the control of both OWNER <br />and CONTRACTOR, an extension of the Contract Times (or <br />Milestones) in an amount equal to the time lost due to such <br />delay shall be CONTRACTOR's sole and exclusive remedy <br />for such delay. <br /> <br />12.06 Delay Damages <br /> <br />A. In no event shall OWNER or ENGINEER be liable <br />to CONTRACTOR, any Subcontractor, any Supplier, or any <br />other person or organization, or to any surety for or <br />employee or agent of any of them, for damages arising out of <br />or resulting from: <br /> <br />1. delays caused by or wichi.n the control of CON- <br />TRACTOR; or <br /> <br />2. delays beyond the control of both OWNER and <br />CONTRACTOR including but not limited to fires, <br />floods, epidemics: abnormal weather conditions, acts of <br />God, or acts or neglect by u+..ility owners or other <br />contractors perfopning other work as contemplated by <br />Article 7. <br /> <br />B. Nothing in this paragraph 12.06 bars a change in <br />Contract Price pursuant to this Article 12 to compensate <br />CONTRACTOR due to delay, interference, or disruption <br />directly attributable to actions or inactions of OWNER or <br />anyone for whom OWNER is responsible. <br /> <br />ARTICLE 13 - TESTS AND INSPECTIONS; <br />CORRECTION, REMOVAL OR ACCEPTANCE OF <br />DEFECTIVE WORK <br /> <br />13.01 Notice of Defects <br /> <br />A. Prompt notice of all defective Work of which <br />OWN""'clt or ENGINEER has actual knowledge will be given <br /> <br />to CONTRACTOR. All defective Work may be rejected, <br />corrected, or accepted as provided in this Article 13. <br /> <br />13.02 Access to Work <br /> <br />A. OWNER, ENGINEER, ENGINEER's Consultants, <br />other representatives and personnel of OWNER, independent <br />testing laboratories, and goverrunental agencies with <br />jurisdictional interests will have access to the Site and the <br />Work at reasonable times for their observation. inspecting, <br />and testing. CONTRACTOR shall provide them proper and <br />safe conditions for such access and advise them of <br />CONTRACTOR's Site safety procedures and programs so <br />that they may comply therewith as applicable. <br /> <br />13.03 Tests and Inspections <br /> <br />A. CONTRACTOR shall give ENGINEER timely <br />notice of readiness of the Work for all required inspections, <br />tests, or approvals and shall cooperate with inspection and <br />testing personnel to facilitate required inspections or tests. <br /> <br />B. OWNER shall employ and pay for the services of an <br />independent testing laboratory to perform all inspections, <br />tests, or approvals required by the Contract Documents <br />except: <br /> <br />1. for inspections, tests, or approvals covered by <br />paragraphs 13.03.C and 13.03.D below; <br /> <br />2. that costs incurred in connection with tests or <br />inspections conducted pursuant to paragraph 13.04.B <br />shall be paid as provided in said paragraph 13.04.B; and <br /> <br />3. as otherwise specifically provided in the Con- <br />tract Documents. <br /> <br />C. If Laws or Regulations of any public body having <br />. 'jurisdiction require any Work (or part thereof) specifically to <br />be inspected, -tested, or approved by an employee or other <br />representative of such public body, CONTRACTOR shall <br />assume full responsibility for arranging and obtaining such <br />inspections, tests, or approvals, pay all costs in connection <br />therewith, and furnish ENGINEER the required certificates <br />of inspection or approval. <br /> <br />D. CONTRACTOR shall be responsible for arranging <br />and obtaining and shall pay all costs in connection with any <br />inspections, tests, or approvals required for OWNER's and <br />ENGINEER's accep~ce. of materials or equipment to be <br />incorporated in the Work;" or acceptance of materials, mix <br />desfgns, or equipment submitted for approval prior to <br />CONlRACTOR's purchase thereof for incorporation in the <br />Work. Such inspections. tests, or approvals shall be <br />performed by organizations acceptable to OWNER and <br />ENGINEER. <br /> <br />00700 - 34 <br />