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equal to the time lost due to such delay shall be
<br />CONTRACTOR's sole and exclusive remedy for such
<br />delay.
<br />12.06 Delay Damages
<br />A- In no event shall OWNER or ENGINEER be
<br />liable to CONTRACTOR, any Subcontractor, any
<br />Supplier, or any other person or organization, or to any
<br />surety for or employee or agent of any of them, for
<br />damages arising out of or resulting from:
<br />1. delays caused by or within the control
<br />of CONTRACTOR; or
<br />2. delays beyond the control of both.
<br />OWNER and -CONTRACTOR including but not
<br />limited to fires, floods, epidemics; abnormal
<br />weather conditions, acts of God, or acts or
<br />neglect by utility owners or other contractors
<br />performing other work as contemplated by
<br />Article 7.
<br />B. Nothing in this paragraph 12.06 bars a
<br />change in Contract Price pursuant to this Article 12 to
<br />compensate CONTRACTOR due to delay,
<br />interference, or disruption directly attributable to
<br />actions or inactions of OWNER or anyone for whom
<br />OWNER is responsible.
<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
<br />OWNER or ENGINEER has actual knowledge will be
<br />given to CONTRACTOR. All defective Work may be
<br />rejected, corrected, or accepted as provided in this
<br />Article 13.
<br />13.02 Access to Work
<br />A. OWNER, ENGINEER, ENGINEER's Con-
<br />sultants, other representatives and personnel of
<br />OWNER, independent testing laboratories, and
<br />governmental agencies with jurisdictional interests will
<br />have access to the Site and the Work at reasonable
<br />times for their observation, inspecting, and testing.
<br />CONTRACTOR shall provide them proper and safe
<br />conditions for such access and advise them of
<br />CONTRACTOR's . Site safety procedures and
<br />programs so that they, may comply therewith as
<br />applicable.
<br />13.03 Tests and Inspections
<br />A. CONTRACTOR shall give ENGINEER timely
<br />notice of readiness of the Work for all required
<br />inspections, tests, or approvals and shall cooperate
<br />with inspection and testing personnel to facilitate
<br />required inspections or tests.
<br />C. 'If Laws or Regulations of any public body
<br />having jurisdiction require any Work (or part thereof)
<br />specifically to be inspected, tested, or approved by an
<br />employee or other representative of such public body,
<br />CONTRACTOR shall assume full responsibility for
<br />arranging and obtaining such inspections, tests, or
<br />approvals, pay all costs in connection therewith, and
<br />fumish ENGINEER the required certificates of inspec-
<br />tion or approval.
<br />D. CONTRACTOR shall be responsible for
<br />arranging and obtaining and shall pay all costs in
<br />connection with any inspections, tests, or approvals
<br />required for OWNER's and ENGINEER's acceptance
<br />of materials or equipment to be incorporated in the
<br />Work; or acceptance of materials, mix designs, or
<br />equipment submitted for approval prior to
<br />CONTRACTOR's purchase thereof for incorporation
<br />in the Work. Such inspections, tests, or approvals
<br />shall be performed by organizations acceptable to
<br />OWNER and ENGINEER.
<br />E. If any Work (or the work of others) that is to
<br />be inspected, tested, or approved is covered by CON-
<br />TRACTOR without written concurrence of ENGI-
<br />NEER, it must, if requested by ENGINEER, be uncov-
<br />ered for observation.
<br />F. Uncovering Work as provided in paragraph
<br />13.03.E shall be at CONTRACTOR's expense unless
<br />CONTRACTOR has given ENGINEER timely notice
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<br />C. 'If Laws or Regulations of any public body
<br />having jurisdiction require any Work (or part thereof)
<br />specifically to be inspected, tested, or approved by an
<br />employee or other representative of such public body,
<br />CONTRACTOR shall assume full responsibility for
<br />arranging and obtaining such inspections, tests, or
<br />approvals, pay all costs in connection therewith, and
<br />fumish ENGINEER the required certificates of inspec-
<br />tion or approval.
<br />D. CONTRACTOR shall be responsible for
<br />arranging and obtaining and shall pay all costs in
<br />connection with any inspections, tests, or approvals
<br />required for OWNER's and ENGINEER's acceptance
<br />of materials or equipment to be incorporated in the
<br />Work; or acceptance of materials, mix designs, or
<br />equipment submitted for approval prior to
<br />CONTRACTOR's purchase thereof for incorporation
<br />in the Work. Such inspections, tests, or approvals
<br />shall be performed by organizations acceptable to
<br />OWNER and ENGINEER.
<br />E. If any Work (or the work of others) that is to
<br />be inspected, tested, or approved is covered by CON-
<br />TRACTOR without written concurrence of ENGI-
<br />NEER, it must, if requested by ENGINEER, be uncov-
<br />ered for observation.
<br />F. Uncovering Work as provided in paragraph
<br />13.03.E shall be at CONTRACTOR's expense unless
<br />CONTRACTOR has given ENGINEER timely notice
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