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<br />Article 7, fires, floods, epidemics, abnormal weather
<br />conditions, or acts of God.
<br />12.04 Delays Within CONTRACTOR's Control
<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 />12.05 Delays Beyond OWNER's and CONTRACTOR's
<br />Control
<br />A. Where CONTRACTOR is prevented from complet-
<br />ing any part 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 />12.06 Delay Damages
<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 />1. delays caused by or within the control of CON-
<br />TRACTOR; or
<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 utility owners or other
<br />contractors performing other work as contemplated by
<br />Article 7.
<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 />ARTICLE 13 - TESTS AND INSPECTIONS;
<br />CORRECTION, REMOVAL OR ACCEPTANCE OF
<br />DEFECTIVE WORK
<br />13.01 Notice of Defects
<br />A. Prompt notice of all defective Work of which
<br />OWNER or ENGINEER has actual knowledge will be given
<br />to CONTRACTOR. All defective Work may be rejected,
<br />corrected, or accepted as provided in this Article 13.
<br />13.02 Access to Work
<br />A. OWNER, ENGINEER, ENGINEER's Consultants,
<br />other representatives and personnel of OWNER, independent
<br />testing laboratories, and governmental 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 />13.03 Tests and Inspections
<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 />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 />1. for inspections, tests, or approvals covered by
<br />paragraphs 13.03.0 and 13.03.13 below;
<br />2. that costs incurred in connection with tests or
<br />inspections conducted pursuant to paragraph 13.04.13
<br />shall be paid as provided in said paragraph 13.04.13; and
<br />3. as otherwise specifically provided in the Con-
<br />tract Documents.
<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 />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 acceptance. of materials or equipment to be
<br />incorporated in the Work; or acceptance of materials, mix
<br />designs, or equipment submitted for approval prior to
<br />CONTRACTOR'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.
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