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12 .02 Change of Contract Times surety for or employee or agent of any of them , for <br /> damages arising out of or resulting from : <br /> A. The Contract Times (or Milestones ) may only <br /> be changed by a Change Order or by a Written 1 . delays caused by or within the control <br /> Amendment. Any Claim for an adjustment in the of CONTRACTOR; or <br /> Contract Times (or Milestones) shall be based on <br /> written notice submitted by the party making the claim 2 , delays beyond the control of both <br /> to the ENGINEER and the other party to the Contract OWNER and CONTRACTOR including but not <br /> in accordance with the provisions of paragraph 10 .05 . limited to fires , floods, epidemics , abnormal <br /> weather conditions, acts of God, or acts or <br /> B . Any adjustment of the Contract Times (or neglect by utility owners or other contractors <br /> Milestones) covered by a Change Order or of any performing other work as contemplated by <br /> Claim for an adjustment in the Contract Times (or Article 7 . <br /> Milestones) will be determined in accordance with the <br /> provisions of this Article 12 . B . Nothing in this paragraph 12 .06 bars a <br /> change in Contract Price pursuant to this Article 12 to <br /> 12 . 03 Delays Beyond CONTRACTOR's Control compensate CONTRACTOR due to delay, <br /> interference , or disruption directly attributable to <br /> A. Where CONTRACTOR is prevented from actions or inactions of OWNER or anyone for whom <br /> completing any part of the Work within the Contract OWNER is responsible. <br /> Times (or Milestones) due to delay beyond the control <br /> of CONTRACTOR, the Contract Times (or <br /> Milestones) will be extended in an amount equal to the ARTICLE 13 - TESTS AND INSPECTIONS ; <br /> time lost due to such delay if a Claim is made therefor CORRECTION , REMOVAL OR ACCEPTANCE OF <br /> as provided in paragraph 12 . 02 .A. Delays beyond the DEFECTIVE WORK <br /> control of CONTRACTOR shall include, but not be <br /> limited to , acts or neglect by OWNER, acts or neglect <br /> of utility owners or other contractors performing other 13 . 01 Notice of Defects <br /> work as contemplated by Article 7 , fires , floods , <br /> epidemics, abnormal weather conditions , or acts of A. Prompt notice of all defective Work of which <br /> God . OWNER or ENGINEER has actual knowledge will be <br /> given to CONTRACTOR. All defective Work may be <br /> 12 . 04 Delays Within CONTRACTOR's Control rejected , corrected , or accepted as provided in this <br /> Article 13 . <br /> A. The Contract Times (or Milestones) will not be <br /> extended due to delays within the control of 13 . 02 Access to Work <br /> CONTRACTOR. Delays attributable to and within the <br /> control of a Subcontractor or Supplier shall be A. OWNER, ENGINEER, ENGINEER's Con- <br /> deemed to be delays within the control of CONTRAC- sultants , other representatives and personnel of <br /> TOR. OWNER, independent testing laboratories , and <br /> governmental agencies with jurisdictional interests will <br /> 12 . 05 Delays Beyond OWNER's and have access to the Site and the Work at reasonable <br /> CONTRACTOR's Control times for their observation , inspecting , and testing . <br /> CONTRACTOR shall provide them proper and safe <br /> A. Where CONTRACTOR is prevented from conditions for such access and advise them of <br /> completing any part of the Work within the Contract CONTRACTOR's Site safety procedures and <br /> Times (or Milestones) due to delay beyond the control programs so that they may comply therewith as <br /> of both OWNER and CONTRACTOR, an extension of applicable . <br /> the Contract Times (or Milestones) in an amount <br /> equal to the time lost due to such delay shall be 13 .03 Tests and Inspections <br /> CONTRACTOR's sole and exclusive remedy for such <br /> delay. A. CONTRACTOR shall give ENGINEER timely <br /> notice of readiness of the Work for all required <br /> 12 . 06 Delay Damages inspections , tests , or approvals and shall cooperate <br /> with inspection and testing personnel to facilitate <br /> A. In no event shall OWNER or ENGINEER be required inspections or tests , <br /> liable to CONTRACTOR, any Subcontractor, any <br /> Supplier, or any other person or organization , or to any <br /> 00700 - General Conditions <br /> 00700 - 35 <br /> FAEngineeringTetition Paving\05221st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00700 - General Conditions.doc <br />