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12 . 06 Delay Damages
<br /> B . OWNER shall empley and pay fGF the
<br /> A . In no event shall OWNER or ENGINEER be Ges of an independent testing labaratery to
<br /> liable to CONTRACTOR , any Subcontractor, any
<br /> Supplier, or any other person or organization , or to by the Q0RtFaGt DOGUFAents eXiGept.
<br /> any surety for or employee or agent of any of them ,
<br /> for damages arising out of or resulting from :
<br /> Govered by paragraphs 13 , 03 , G and 13 , 03 , D
<br /> 1 . delays caused by or within the below;
<br /> control of CONTRACTOR ; or
<br /> 2 , that Gc) stG ' RGUFred in Gennel3tion we
<br /> 2 . delays beyond the control of both
<br /> OWNER and CONTRACTOR including but not paFagraph 13 . 04 . 13 shall be paid as provided in
<br /> limited to fires , floods , epidemics , abnormal said paFagFaph 13 . 04 . 13 ; and
<br /> weather conditions , acts of God , or acts or
<br /> neglect by utility owners or other contractors
<br /> performing other work as contemplated by the Gontral3t DOGUrnentls ,
<br /> Article 7 ,
<br /> C . If Laws or Regulations of any public body
<br /> B . Nothing in this paragraph 12 . 06 bars a having jurisdiction require any Work (or part thereof)
<br /> change in Contract Price pursuant to this Article 12 to specifically to be inspected , tested , or approved by an
<br /> compensate CONTRACTOR due to delay, employee or other representative of such public body,
<br /> interference , or disruption directly attributable to CONTRACTOR shall assume full responsibility for
<br /> actions or inactions of OWNER or anyone for whom arranging and obtaining such inspections , tests ,
<br /> or
<br /> OWNER is responsible . approvals , pay all costs in connection therewith , and
<br /> furnish ENGINEER the required certificates of inspec-
<br /> ARTICLE 13 - TESTS AND INSPECTIONS ; tion or approval .
<br /> CORRECTION , REMOVAL OR ACCEPTANCE OF D . CONTRACTOR shall be responsible for
<br /> DEFECTIVE WORK arranging and obtaining and shall pay all costs in
<br /> connection with any inspections , tests , or approvals
<br /> required for OWNER Is and ENGINEER ' s acceptance
<br /> 13 . 01 Notice of Defects of materials or equipment to be incorporated in the
<br /> Work; or acceptance of materials , mix designs , or
<br /> A. Prompt notice of all defective Work of which equipment submitted for approval prior to
<br /> OWNER or ENGINEER has actual knowledge will be CONTRACTOR ' s purchase thereof for incorporation
<br /> given to CONTRACTOR . All defective Work may be in the Work . Such inspections , tests , or approvals
<br /> rejected , corrected , or accepted as provided in this shall be performed by organizations acceptable to
<br /> Article 13 . OWNER and ENGINEER .
<br /> 13 . 02 Access to Work E . If any Work (or the work of others) that is to
<br /> be inspected , tested , or approved is covered by LON -
<br /> A. OWNER , ENGINEER , ENGINEER ' s Con - TRACTOR without written concurrence of ENGk
<br /> sultants , other representatives and personnel of NEER , it must, if requested by ENGINEER , be uncov-
<br /> OWNER , independent testing laboratories , and ered for observation .
<br /> governmental agencies with jurisdictional interests will
<br /> have access to the Site and the Work at reasonable F . Uncovering Work as provided in paragraph
<br /> times for their observation , inspecting , and testing . 13 . 03 . E shall be at CONTRACTOR ' s expense unless
<br /> CONTRACTOR shall provide them proper and safe CONTRACTOR has given ENGINEER timely notice
<br /> conditions for such access and advise them of of CONTRACTOR ' s intention to cover the same and
<br /> CONTRACTOR ' s Site safety procedures and ENGINEER has not acted with reasonable prompt-
<br /> programs so that they may comply therewith as ness in response to such notice .
<br /> applicable .
<br /> 13 . 04 Uncovering Work
<br /> 13 . 03 Tests and Inspections
<br /> A. If any Work is covered contrary to the written
<br /> A . CONTRACTOR shall give ENGINEER timely request of ENGINEER , it must , if requested by ENGk
<br /> notice of readiness of the Work for all required NEER , be uncovered for ENGINEER ' s observation
<br /> inspections , tests , or approvals and shall cooperate and replaced at CONTRACTOR ' s expense .
<br /> with inspection and testing personnel to facilitate
<br /> required inspections or tests .
<br /> 00700 - General Conditions REV 04-07 doc
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