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Claim for an adjustment in the Contract Times (or Milestones)
<br /> shall be based on written notice submitted by the party making ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION ,
<br /> the claim to the ENGINEER and the other party to the Contract REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
<br /> in accordance with the provisions of paragraph 10.05.
<br /> B. Any adjustment of the Contract Times (or Milestones) 13.01 Notice of Defects
<br /> covered by a Change Order or of any Claim for an adjustment in
<br /> the Contract Times (or Milestones) will be determined in A. Prompt notice of all defective Work of which
<br /> OWNER
<br /> accordance with the provisions of this Article 12. or ENGINEER has actual knowledge will be given to
<br /> CONTRACTOR. All defective Work may be rejected, corrected,
<br /> 12.03 Delays Beyond CONTRACTOR's Control or accepted as provided in this Article 13.
<br /> A. Where CONTRACTOR is prevented from completing 13.02 Access to Worts
<br /> any part of the Work within the Contract Times (or Milestones)
<br /> due to delay beyond the control of CONTRACTOR, the Contrail A. OWNER, ENGINEER, ENGINEER's Consultants,
<br /> Times (or Milestones) will be extended in an amount equal to other representatives and personnel m OWNER, independent
<br /> the time lost due to such delay if a Claim is made therefore as testing laboratories, and governmental agencies with
<br /> provided in paragraph 12.02A Delays beyond the control of jurisdictional interests will have access to the Site and the Work
<br /> CONTRACTOR shall include, but not be limited to, ads or at reasonable times for their observation,
<br /> inspecting, and
<br /> neglect by OWNER, ads or neglect of utility owners or other testing. CONTRACTOR shall provide them proper and safe
<br /> contractors performing other work as contemplated by Article 7, conditions for such access and advise them of
<br /> fires, floods, epidemics, abnormal weather conditions, or ads of CONTRACTOR's Site safety procedures and programs so that
<br /> God. they may amply therewith as applicable.
<br /> 12.04 Delays Within CONTRACTOR'S Control 13. 03 Tests and Inspections
<br /> A. The Contract Times (or Milestones) will not be A. CONTRACTOR shall give ENGINEER timely notice of
<br /> extended due to delays within the control of CONTRACTOR. readiness of the Work for all required inspections,
<br /> tests, or
<br /> Delays attributable to and within the control of a Subcontractor approvals and shall cooperate with inspection and
<br /> testing
<br /> or Supplier shall be deemed to be delays within the control of personnel to facilitate required inspections or tests.
<br /> CONTRACTOR. B. OWNER shall employ and pay for the services of an
<br /> 12.05 Delays Beyond OWNER's and CONTRACTOR's independent testing laboratory to perform all inspections, tests,
<br /> Control or approvals required by the Contract Documents except:
<br /> A. Where CONTRACTOR is prevented from completing 1 .for inspections, tests, or approvals covered by
<br /> any part of the Work within the Contract Times (or Milestones) paragraphs 13.03.0 and 13.03. 13 below,
<br /> due to delay beyond the control of both OWNER and 2.that costs incurred in connection with
<br /> tests or
<br /> CONTRACTOR, an extension of the Contract Times (or
<br /> Milestones) in an amount equal to the time lost due to such inspections conducted pursuant to paragraph 13.04.
<br />6
<br /> delay shall be CONTRACTOR's sole and exclusive remedy for shall be paid as provided in said paragraph 13.04.B;
<br /> and
<br /> such delay.
<br /> 12.06 Delay Damages 3. as otherwise specifically provided in the Contract
<br /> Documents.
<br /> A. In no event shall OWNER or ENGINEER be liable to
<br /> CONTRACTOR, any Subcontractor, any Supplier, or any other C. If Laws or Regulations rt any public body having
<br /> person or organization, or to any surety for or employee or jurisdiction require any Worts ve part thereof) specifically
<br /> to be
<br /> ee or other
<br /> agent of any of them, for damages arising out of or resulting inspected, tested, or approved by a CONpTRACTOR
<br /> shall
<br /> �: representative of such Public body,
<br /> assume full responsibility for arranging and obtaining such
<br /> 1 .delays caused by or within the control of inspections, tests, or approvals, pay all costs
<br /> in connection
<br /> CONTRACTOR; or therewith, and furnish ENGINEER the required certificates of
<br /> inspection or approval.
<br /> 2.delays beyond the control of both OWNER and
<br /> CONTRACTOR including but not limited to fires, floods, D. CONTRACTOR shall be responsible for arranging
<br /> epidemics, abnormal weather conditions, ads of God, and obtaining and shall pay all costs in connection with
<br /> any
<br /> or ads or neglect by utility owners or other contractors inspections, tests, or approvals required for OWNER's
<br /> and
<br /> performing other work as contemplated by Article 7. ENGINEER's acceptance of materials or equipment to be
<br /> incorporated in the Work; or acceptance of materials, mix
<br /> B. Nothing in this paragraph 12.06 bars a change in designs, or equipment submitted for approval prior in the
<br /> Contrad Price pursuant to this Article 12 to compensate CONTRACTOR's purchase thereof for incorporation
<br /> CONTRACTOR due to delay, interference, or disnrptiori directly Work. Such inspections, tests, or approvals shall be pertbrmed
<br /> attributable to actions or inactions of OWNER or anyone for by organizations acceptable to OWNER and ENGINEER.
<br /> whom OWNER is responsible.
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