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Subcontractor and Contractor will each be paid a
<br />fee of five percent of the amount paid to the next
<br />lower tier Subcontractor;
<br />d. no fee shall be payable on the basis of costs
<br />itemized under Paragraphs 11.0I.A.4, 1 1.01.A.5,
<br />and 11.01.13;
<br />e. the amount of credit to be allowed by
<br />Contractor to Owner for any change which
<br />results in a net decrease in cost will be the
<br />amount of the actual net decrease in cost plus a
<br />deduction in Contractor's fee by an amount equal
<br />to five percent of such net decrease; and
<br />f. when both additions and credits are involved
<br />in any one change, the adjustment in
<br />Contractor's fee shall be computed on the basis
<br />of the net change in accordance with Paragraphs
<br />12.01.C.2.a through 12.0I.C.2.e, inclusive.
<br />12.02 Change of Contract Times
<br />A. The Contract Times may only be changed by a Change
<br />Order. Any Claim for an adjustment in the Contract
<br />Times shall be based on written notice submitted by the
<br />party making the Claim to the Engineer and the other
<br />party to the Contract in accordance with the provisions of
<br />Paragraph 10.05.
<br />B. Any adjustment of the Contract Times covered by a
<br />Change Order or any Claim for an adjustment in the
<br />Contract Times will be determined in accordance with the
<br />provisions of this Article 12.
<br />12.03 Delays
<br />A. Where Contractor is prevented from completing any
<br />part of the Work within the Contract Times due to delay
<br />beyond the control of Contractor, the Contract Times will
<br />be extended in an amount equal to the time lost due to
<br />such delay if a Claim is made therefor as provided in
<br />Paragraph I2.02.A. Delays beyond the control of
<br />Contractor shall include, but not be limited to, acts or
<br />neglect by Owner, acts or neglect of utility owners or
<br />other contractors performing other work as contemplated
<br />by Article 7, fires, floods, epidemics, abnormal weather
<br />conditions, or acts of God.
<br />B. If Owner, Engineer, or other contractors or utility
<br />owners performing other work for Owner as contemplated
<br />by Article 7, or anyone for whom Owner is responsible,
<br />delays, disrupts, or interferes with the performance or
<br />progress of the Work, then Contractor shall be entitled to
<br />an equitable adjustment in the Contract Price or the
<br />Contract Times , or both. Contractor's entitlement to an
<br />adjustment of the Contract Times is conditioned on such
<br />adjustment being essential to Contractor's ability to
<br />complete the Work within the Contract Times.
<br />C. If Contractor is delayed in the performance or progress
<br />of the Work by fire, flood, epidemic, abnormal weather
<br />conditions, acts of God, acts or failures to act of utility
<br />owners not under the control of Owner, or other causes
<br />not the fault of and beyond control of Owner and
<br />Contractor, then Contractor shall be entitled to an
<br />equitable adjustment in Contract Times, if such
<br />adjustment is essential to Contractor's ability to complete
<br />the Work within the Contract Times. Such an adjustment
<br />shall be Contractor's sole and exclusive remedy for the
<br />delays described in this Paragraph 12.03.C.
<br />D. Owner, Engineer and the Related Entities of each of
<br />them shall not be liable to Contractor for any claims,
<br />costs, losses, or damages (including but not limited to all
<br />fees and charges of Engineers, architects, attorneys, and
<br />other professionals and all court or arbitration or other
<br />dispute resolution costs) sustained by Contractor on or in
<br />connection with any other project or anticipated project.
<br />E. Contractor shall not be entitled to an adjustment in
<br />Contract Price or Contract Times for delays within the
<br />control of Contractor. Delays attributable to and within
<br />the control of a Subcontractor or Supplier shall be deemed
<br />to be delays within the control of Contractor.
<br />ARTICLE 13 - TESTS AND INSPECTIONS;
<br />CORRECTION, REMOVAL OR ACCEPTANCE OF
<br />DEFECTIVE WORK
<br />13.01 Notice of Defects
<br />A. Prompt notice of all defective Work of which Owner
<br />or Engineer has actual knowledge will be given to
<br />Contractor. All defective Work may be rejected,
<br />corrected, or accepted as provided in this Article 13.
<br />13.02 Access to Work
<br />A. Owner, Engineer, their consultants and other
<br />representatives and personnel of Owner, independent
<br />testing laboratories, and governmental agencies with
<br />jurisdictional interests will have access to the Site and the
<br />Work at reasonable times for their observation,
<br />inspecting, and testing. Contractor shall provide them
<br />proper and safe conditions for such access and advise
<br />them of Contractor's Site safety procedures and programs
<br />so that they may comply therewith as applicable.
<br />13.03 Tests and Inspections
<br />A. Contractor shall give Engineer timely notice of
<br />readiness of the Work for all required inspections, tests,
<br />or approvals and shall cooperate with inspection and
<br />testing personnel to facilitate required inspections or tests.
<br />B. Owner shall employ and pay for the services of an
<br />independent testing laboratory to perform all inspections,
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700-33
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