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' CONTRACTOR's fee shall be computed on the or acts or neglect by utility owners or other contractors
<br /> basis of the net change in accordance with para- performing other work as contemplated by Article 7.
<br /> graphs 12.01 . C.2.a through 12 .01 . C.2.e, inclusive.
<br /> ' B . Nothing in this paragraph 12. 06 bars a change in
<br /> 12.02 Change of Contract Times Contract Price pursuant to this Article 12 to compensate
<br /> CONTRACTOR due to delay, interference, or disruption directly
<br /> A. The Contract Times (or Milestones ) may only be attributable to actions or inactions of OWNER
<br /> or anyone for
<br /> changed by a Change Order or by a Written Amendment. Any whom OWNER is responsible.
<br /> Claim for an adjustment in the Contract Times (or Milestones)
<br /> shall be based on written notice submitted by the party making
<br /> the claim to the ENGINEER and the other party to the Contract ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION ,
<br /> in accordance with the provisions of paragraph 10.05. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
<br /> B. Any adjustment of the Contract Times (or Milestones)
<br /> covered by a Change Order or of any Claim for an adjustment in 13. 01 Notice of Defects
<br /> ' the Contract Times (or Milestones ) will be determined in
<br /> accordance with the provisions of this Article 12. A. Prompt notice of all defective Work of which OWNER
<br /> or ENGINEER has actual knowledge will be given to
<br /> 12. 03 Delays Beyond CONTRACTOR 's Control CONTRACTOR. All defective Work may be rejected , corrected,
<br /> A. Where CONTRACTOR is prevented from completing or accepted as provided in this Article 13.
<br /> any part of the Work within the Contract Times (or Milestones ) 13. 02 Access to Work
<br /> due to delay beyond the control of CONTRACTOR, the Contract
<br /> Times (or Milestones ) will be extended in an amount equal to A. OWNER, ENGINEER, ENGINEER's Consultants,
<br /> the time lost due to such delay if a Claim is made therefore as other representatives and personnel of OWNER, independent
<br /> provided in paragraph 12. 02.A. Delays beyond the control of testing laboratories , and governmental agencies with
<br /> CONTRACTOR shall include, but not be limited to, acts or jurisdictional interests will have access to the Site and
<br /> the Work
<br /> neglect by OWNER, acts or neglect of utility owners or other at reasonable times for their observation,
<br /> inspecting , and
<br /> contractors performing other work as contemplated by Article 7, testing. CONTRACTOR shall provide them proper and safe
<br /> fires, floods, epidemics, abnormal weather conditions , or acts of conditions for such access and advise them of
<br /> God, CONTRACTOR's Site safety procedures and programs so that
<br /> t
<br /> 12. 04 Delays Within CONTRACTOR's Control they may comply therewith as applicable.
<br /> A. The Contract Times (or Milestones ) will not be 13. 03 Tests and Inspections
<br /> extended due to delays within the control of CONTRACTOR. A. CONTRACTOR shall give ENGINEER timely notice of
<br /> ' Delays attributable to and within the control of a Subcontractor readiness of the Work for all required inspections,
<br /> tests , or
<br /> or Supplier shall be deemed to be delays within the control of approvals and shall cooperate with inspection
<br />and testing
<br /> CONTRACTOR. personnel to facilitate required inspections or tests .
<br /> 12.05 Delays Beyond OWNER's and CONTRACTOR's B. OWNER shall employ and pay for the services of an
<br /> Control independent testing laboratory to perform all inspections , tests,
<br /> or approvals required by the Contract Documents except:
<br /> A. Where CONTRACTOR is prevented from completing
<br /> any part of the Work within the Contract Times (or Milestones) 1 . for inspections , tests, or approvals covered
<br />by
<br /> due to delay beyond the control of both OWNER and paragraphs 13.03. 0 and 13. 03. 13 below;
<br /> CONTRACTOR, an extension of the Contract Times (or
<br /> Milestones) in an amount equal to the time lost due to such 2. that costs incurred in connection with
<br /> tests or
<br /> delay shall be CONTRACTOR's sole and exclusive remedy for inspections conducted pursuant to paragraph 13.04. 6
<br /> such delay. shall be paid as provided in said paragraph 13.04. 13;
<br /> 12.06 Delay Damages and
<br /> 3 . as otherwise specifically provided in the Contract
<br /> A. In no event shall OWNER or ENGINEER be liable to Documents .
<br /> CONTRACTOR, any Subcontractor, any Supplier, or any other
<br /> person or organization, or to any surety for or employee or C. If Laws or Regulations of any public
<br /> body having
<br /> agent of any of them , for damages arising out of or resulting jurisdiction require any Work (or part thereof) specifically
<br /> to be
<br /> from : inspected , tested , or approved by an employee or other
<br /> representative of such public body, CONTRACTOR shall
<br /> 1 . delays caused by or within the control of CON- assume full responsibility for arranging and obtaining
<br /> such
<br /> TRACTOR; or inspections, tests , or approvals , pay all costs in connection
<br /> therewith , and furnish ENGINEER the required certificates of
<br /> 2. delays beyond the control of both OWNER and inspection or approval .
<br /> CONTRACTOR including but not limited to fires , floods ,
<br /> epidemics , abnormal weather conditions , acts of God, D . CONTRACTOR shall be responsible for arranging
<br /> ' and obtaining and shall pay all costs in connection with any
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