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A. Where CONTRACTOR is prevented from completing approvals and shall cooperate with inspection and testing
<br /> any part of the Work within the Contract Times (or Milestones ) personnel to facilitate required inspections or tests.
<br /> due to delay beyond the control of both OWNER and
<br /> %' CONTRACTOR, an extension of the Contract Times (or B. OWNER shall employ and pay for the services of an
<br /> Milestones ) in an amount equal to the time last due to such independent testing laboratory to perform all inspections,
<br /> tests ,
<br /> delay shall be CONTRACTOR's sole and exclusive remedy for or approvals required by the Contract Documents except:
<br /> such delay.
<br /> 1 . for inspections, tests, or approvals covered by
<br /> 12. 06 Delay Damagesftc In "12. 06 Delay paragraphs 13.03. 0 and 13. 03. D below;
<br /> Damages ')
<br /> 2. that costs incurred in connection with tests or
<br /> A. In no event shall OWNER or ENGINEER be liable to inspections conducted pursuant to paragraph 13.04. 13
<br /> CONTRACTOR, any Subcontractor, any Supplier, or any other shall be paid as provided in said paragraph 13 .04. 13 ;
<br /> person or organization , or to any surety for or employee or and
<br /> agent of any of them, for damages arising out of or resulting
<br /> from : 3. as otherwise specifically provided in the Contract
<br /> Documents .
<br /> 1 . delays caused by or within the control of COW
<br /> TRACTOR; or C. If Laws or Regulations of any public body having
<br /> jurisdiction require any Work (or part thereof) specifically to be
<br /> 2. delays beyond the control of both OWNER and inspected, tested , or approved by an employee or
<br />other
<br /> CONTRACTOR including but not limited to fires, floods , representative of such public body, CONTRACTOR shall
<br /> epidemics , abnormal weather conditions, acts of God , assume full responsibility for arranging and obtaining such
<br /> or acts or neglect by utility owners or other contractors inspections, tests, or approvals , pay all costs in connection
<br /> performing other work as contemplated. by Article 7. therewith, and furnish ENGINEER the required certificates of
<br /> inspection or approval .
<br /> B . Nothing in this paragraph 12.06 bars a change in
<br /> Contract Price pursuant to this Article 12 to compensate D. CONTRACTOR shall be responsible for arranging
<br /> CONTRACTOR due to delay, interference, or disruption directly and obtaining and shall pay all costs in connection with
<br />any
<br /> attributable to actions or inactions of OWNER or anyone for inspections, tests , or approvals required for OWNER's
<br /> and
<br /> whom OWNER is responsible. ENGINEER's acceptance of materials or equipment to be
<br /> incorporated in the Work; or acceptance of materials , mix
<br /> designs, or equipment submitted for approval prior to
<br /> �►' ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , CONTRACTOR's purchase thereof for incorporation in the
<br /> REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK(tc Work. Such inspections, tests, or approvals shall be performed
<br /> "ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION , by organizations acceptable to OWNER and ENGINEER.
<br /> REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK")
<br /> E. If any Work (or the work of others) that is to be
<br /> inspected , tested , or approved is covered by CONTRACTOR
<br /> 13 . 01 Notice of Defects ftc 0 "13. 01 Notice of without written concurrence of ENGINEER, it must, if requested
<br /> Defects ") by ENGINEER, be uncovered for observation.
<br /> A. Prompt notice of all defective Work of which OWNER F . Uncovering Work as provided in paragraph 13.03. E
<br /> or ENGINEER has actual knowledge will be given to shall be at CONTRACTOR's expense unless CONTRACTOR
<br /> CONTRACTOR. All defective Work may be rejected, corrected , has given ENGINEER timely notice of CONTRACTOR's
<br /> or accepted as provided In this Article 13. intention to cover the same and ENGINEER has not acted with
<br /> reasonable promptness in response to such notice.
<br /> 13 . 02 Access to Work& \n " 13 . 02 Access to
<br /> Work") 13.04 Uncovering Workftc In "13. 04 Uncovering
<br /> Work'?
<br /> A. OWNER, ENGINEER, ENGINEER's Consultants ,
<br /> other representatives and personnel of OWNER, independent A. If any Work is covered contrary to the written request
<br /> testing laboratories, and governmental agencies with of ENGINEER, it must, if requested by ENGINEER, be
<br /> jurisdictional interests will have access to the Site and the Work uncovered for ENGINEER's observation and replaced at
<br /> at reasonable times for their observation, inspecting , and CONTRACTOR's expense.
<br /> testing . CONTRACTOR shall provide them proper and safe
<br /> conditions for such access and advise them of B. If ENGINEER considers it necessary or advisable that
<br /> CONTRACTOR's Site safety procedures and programs so that covered Work be observed by ENGINEER or inspected or
<br /> they may comply therewith as applicable. tested by others, CONTRACTOR, at ENGINEER's request,
<br /> shall uncover, expose, or otherwise make available for
<br /> 13 . 03 Tests and Inspections ftc In "13. 03 Tests and observation, inspection, or testing as ENGINEER may require,
<br /> Inspections "} that portion of the Work in question, furnishing all necessary
<br /> labor, material , and equipment. If it is found that such Work is
<br /> A. CONTRACTOR shall give ENGINEER timely notice of defective, CONTRACTOR shall pay all Claims , costs , losses ,
<br /> readiness of the Work for all required inspections , tests , or and damages (including but not limited to all fees
<br /> and charges
<br /> of engineers , architects , attorneys , and other professionals and
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