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a. for costs incurred under paragraphs A. The Contract Times (or Milestones) will not be 11 .01 .A. 1 and 11 .01I .A. 2, the CONTRACTOR's fee extended due to delays within the control of CONTRACTOR. shall be 15 percent; Delays attributable to and within the control of a Subcontractor ' or Supplier shall be deemed to be delays within the control of b. for costs incurred under paragraph CONTRACTOR. 11 .01 .A. 3, the CONTRACTOR's fee shall be five percent; 12.05 Delays Beyond OWNER's and CONTRACTOR's ' Control c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and A. Where CONTRACTOR is prevented from completing no fixed fee is agreed upon, the intent of paragraph any part of the Work within the Contract Times (or Milestones) ' 12.01 .C.2. a is that the Subcontractor who actually due to delay beyond the control of both OWNER and performs the Work, at whatever tier, will be paid a CONTRACTOR, an extension of the Contract Times (or fee of 15 percent of the costs incurred by such Milestones) in an amount equal to the time lost due to such Subcontractor under paragraphs 11 .01 .A. 1 and delay shall be CONTRACTOR's sole and exclusive remedy for ' 11 .01 .A.2 and that any higher tier Subcontractor such delay. and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier 12. 06 Delay Damages Subcontractor, A. In no event shall OWNER or ENGINEER be liable to d. no fee shall be payable on the basis of CONTRACTOR, any Subcontractor, any Supplier, or any other costs itemized under paragraphs 11 .01 .A.4, person or organization, or to any surety for or employee or I1 .01 .A.5, and 11 .013; agent of any of them, for damages arising out of or resulting ' from: e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which 1 . delays caused by or within the control of CON- results in a net decrease in cost will be the amount TRACTOR; or of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five 2. delays beyond the control of both OWNER and percent of such net decrease; and CONTRACTOR including but not limited to fires , floods, epidemics , abnormal weather conditions, acts of God, f. when both additions and credits are in- or acts or neglect by utility owners or other contractors ' volved in any one change, the adjustment in performing other work as contemplated by Article 7. CONTRACTOR's fee shall be computed on the basis of the net change in accordance with para- B. Nothing in this paragraph 12.06 bars a change in graphs 12.01 .C.2.a through 12.01 .C.2.e, inclusive. Contract Price pursuant to this Article 12 to compensate ' CONTRACTOR due to delay, interference, or disruption directly 12.02 Change of Contract Times attributable to actions or inactions of OWNER or anyone for A. The Contract Times (or Milestones) may only be whom OWNER is responsible. changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, shall be based on written notice submitted by the party making REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK the claim to the ENGINEER and the other party to the Contract ' in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) 13. 01 Notice of Defects covered by a Change Order or of any Claim for an adjustment in A. Prompt notice of all defective Work of which OWNER ' the Contract Times (or Milestones) will be determined in or ENGINEER has actual knowledge will be given to accordance with the provisions of this Article 12. CONTRACTOR. All defective Work may be rejected, corrected, 12.03 Delays Beyond CONTRACTOR's Control or accepted as provided in this Article 13. ' A. Where CONTRACTOR is prevented from completing 13.02 Access to Work any part of the Work within the Contract Times (or Milestones) A. OWNER, ENGINEER, ENGINEER's Consultants, due to delay beyond the control of CONTRACTOR, the Contract other representatives and personnel of OWNER, independent Times (or Milestones) will be extended in an amount equal to testing laboratories, and governmental agencies with the time lost due to such delay if a Claim is made therefore as jurisdictional interests will have access to the Site and the Work provided in paragraph 12.02.A. Delays beyond the control of at reasonable times for their observation, inspecting, and CONTRACTOR shall include, but not be limited to, acts or testing. CONTRACTOR shall provide them proper and safe ' neglect by OWNER, acts or neglect of utility owners or other conditions for such access and advise them of contractors performing other work as contemplated by Article 7, CONTRACTOR's Site safety procedures and programs so that fires, floods, epidemics, abnormal weather conditions, or acts of they may comply therewith as applicable. God. ' 12.04 Delays Within CONTRACTOR'S Control 13. 03 Tests and Inspections A_ CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections , tests, or ' 6706-38392\8/20/03 00700-27 V)2B