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<br />the Contract Times will be extended in an amount
<br />equal to the time lost due to such delay if a Claim is
<br />made therefor as provided in Paragraph 12.02.A.
<br />Delays beyond the control of Contractor shall
<br />include, but not be limited to, acts or neglect by
<br />Owner, acts or neglect of utility owners or other
<br />contractors performing other work as contemplated
<br />by Article 7, fires, floods, epidemics, abnormal
<br />weather conditions, or acts of God.
<br />
<br />B, If Owner, Engineer, or other contractors
<br />or utility owners performing other work for Owner as
<br />contemplated by Article 7, or anyone for whom
<br />Owner is responsible, delays, disrupts, or interferes
<br />with the performance or progress of the Work, then
<br />Contractor shall be entitled to an equitable
<br />adjustment in the Contract Price or the Contract
<br />Times , or both. Contractor's entitlement to an
<br />adjustment of the Contract Times is conditioned on
<br />such adjustment being essential to Contractor's
<br />ability to complete the Work within the Contract
<br />Times,
<br />
<br />C If Contractor is delayed in the
<br />performance or progress of the Work by fire, flood,
<br />epidemic, abnormal weather conditions, acts of God,
<br />acts or failures to act of utility owners not under the
<br />control of Owner, or other causes not the fault of and
<br />beyond control of Owner and Contractor, then
<br />Contractor shall be entitled to an equitable
<br />adjustment in Contract Times, if such adjustment is
<br />essential to Contractor's ability to complete the Work
<br />within the Contract Times. Such an adjustment shall
<br />be Contractor's sole and exclusive remedy for the
<br />delays described in this Paragraph 12.03.C.
<br />
<br />D. Owner, Engineer and the Related Entities
<br />of each of them shall not be liable to Contractor for
<br />any claims, costs, losses, or damages (including but
<br />not limited to all fees and charges of Engineers,
<br />architects, attorneys, and other professionals and all
<br />court or arbitration or other dispute resolution costs)
<br />sustained by Contractor on or in connection with any
<br />other project or anticipated project.
<br />
<br />E. Contractor shall not be entitled to an
<br />adjustment in Contract Price or Contract Times for
<br />delays within the control of Contractor. Delays
<br />attributable to and within the control of a
<br />Subcontractor or Supplier shall be deemed to be
<br />delays within the control of Contractor.
<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
<br />which Owner or Engineer has actual knowledge will
<br />be given to Contractor. All defective Work may be
<br />rejected, corrected, or accepted as provided in this
<br />Article 13.
<br />
<br />13.02 Access to Work
<br />
<br />A. Owner, Engineer, their consultants and
<br />other representatives and personnel of Owner,
<br />independent testing laboratories, and governmental
<br />agencies with jurisdictional interests will have access
<br />to the Site and the Work at reasonable times for
<br />their observation, inspecting, and testing. Contractor
<br />shall provide them proper and safe conditions for
<br />such access and advise them of Contractor's Site
<br />safety procedures and programs so that they may
<br />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
<br />inspections, tests, or approvals and shall cooperate
<br />with inspection and testing personnel to facilitate
<br />required inspections or tests.
<br />
<br />B. Owner shall employ and pay for the
<br />services of an independent testing laboratory to
<br />perform all inspections, tests, or approvals required
<br />by the Contract Documents except
<br />
<br />1. for inspections, tests, or approvals
<br />covered by Paragraphs 13.03.C and 13,03.D below;
<br />
<br />2. that costs incurred in connection with
<br />tests or inspections conducted pursuant to
<br />Paragraph 13.04.B shall be paid as provided in said
<br />Paragraph 13.04.C; and
<br />
<br />3. as otherwise specifically provided in the
<br />Contract Documents.
<br />
<br />C. If Laws or Regulations of any public body
<br />having jurisdiction require any Work (or part thereof)
<br />specifically to be inspected, tested, or approved by
<br />an employee or other representative of such public
<br />body, Contractor shall assume full responsibility for
<br />arranging and obtaining such inspections, tests, or
<br />approvals, pay all costs in connection therewith, and
<br />furnish Engineer the required certificates of inspec-
<br />tion or approval.
<br />
<br />EJCDC C-700 Standard General Conditions or the Construction Contract.
<br />Copyright <<J 2002 National Society of I)rofessional Engineers for EJCDC. All rights reserved.
<br />00700 - 36
<br />
<br />Final Version 01/07
<br />
<br />03-4197
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