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CONTRACTOR's fee shall be computed on the or acts or neglect by utility owners or other contractors basis of the net change in accordance with para- performing other work as contemplated by Article 7. graphs 12.01 .C .2.a through 12 .01 .C.2 .e, inclusive. B. Nothing in this paragraph 12.06 bars a change in 12.02 Change of Contract Times Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference , or disruption directly A. The Contract Times (or Milestones) may only be attributable to actions or inactions of OWNER or anyone for changed by a Change Order or by a Written Amendment. Any whom OWNER is responsible. Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION , in accordance with the provisions of paragraph 10.05. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in 13.01 Notice of Defects the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to 12 .03 Delays Beyond CONTRACTOR's Control CONTRACTOR. All defective Work may be rejected, corrected , or accepted as provided in this Article 13. A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) 13.02 Access to Work due to delay beyond the control of CONTRACTOR , the Contract Times (or Milestones) will be extended in an amount A. OWNER, ENGINEER, ENGINEER's Consultants, equal to the time lost due to such delay if a Claim is made other representatives and personnel of OWNER, independent therefore as provided in paragraph 12.02.A. Delays beyond the testing laboratories, and governmental agencies with control of CONTRACTOR shall include, but not be limited to, jurisdictional interests will have access to the Site and the Work acts or neglect by OWNER, acts or neglect of utility owners or at reasonable times for their observation, inspecting, and other contractors performing other work as contemplated by testing. CONTRACTOR shall provide them proper and safe Article 7, fires, floods, epidemics, abnormal weather conditions, conditions for such access and advise them of or acts of God. CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 12. 04 Delays Within CONTRACTOR's Control 13 .03 Tests and Inspections A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. A. CONTRACTOR shall give ENGINEER timely notice Delays attributable to and within the control of a Subcontractor of readiness of the Work for all required inspections, tests, or or Supplier shall be deemed to be delays within the control of approvals and shall cooperate with inspection and . testing CONTRACTOR . personnel to facilitate required inspections or tests. 12.05 Delays Beyond OWNER's and CONTRACTOR's B. OWNER shall employ and pay for the services of an Control independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) 1 .for inspections, tests, or approvals covered by due to delay beyond the control of both OWNER and paragraphs 13.03.0 and 13.03.D below; CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such 2.that costs incurred in connection with tests or delay shall be CONTRACTOR's sole and exclusive remedy for inspections conducted pursuant to paragraph 13.04.8 such delay. shall be paid as provided in said paragraph 13.04.6 ; and 12.06 Delay Damages 3.as otherwise specifically provided in the Contract A. In no event shall OWNER or ENGINEER be liable to Documents. CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization , or to any surety for or employee or C. If Laws or Regulations of any public body having agent of any of them, for damages arising out of or resulting jurisdiction require any Work (or part thereof) specifically to be from: inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall 1 .delays caused by or within the control of CON- assume full responsibility for arranging and obtaining such TRACTOR; or inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of 2.delays beyond the control of both OWNER and inspection or approval. CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, D . CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any 00700 General Conditions (EJCDC).doc 00700 - 28 1307-029 12 Inch WM - V= L ke Esuas\Dccumen1s'JteponskBidding Conamt Specificiaton WWW Geneml Conditions (EJCDC).doc