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neglect by Owner, acts or neglect of utility owners or other contractors performing other work as <br />contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. <br />B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as <br />contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or <br />interferes with the performance or progress of the Work, then Contractor shall be entitled to an <br />equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's <br />entitlement to an adjustment of the Contract Times is conditioned on such adjustment being <br />essential to Contractor's ability to complete the Work within the Contract Times. <br />C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, <br />abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the <br />control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, <br />then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment <br />is essential to Contractor's ability to complete the Work within the Contract Times. Such an <br />adjustment shall be Contractor's sole and exclusive remedy for the delays described in this <br />Paragraph 12.03.C. <br />D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, <br />or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages <br />(including but not limited to all fees and charges of engineers, architects, attorneys, and other <br />professionals and all court or other 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 Contract Price or Contract Times for delays <br />within the control of Contractor. Delays attributable to and within the control of a Subcontractor <br />or Supplier shall be deemed to be delays within the control of Contractor. <br />ARTICLE 13 — TESTS AND INSPECTIONS; 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 or Engineer has actual knowledge will be <br />given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this <br />Article 13. <br />13.02 Access to Work <br />A. Owner, Engineer, their consultants and other representatives and personnel of Owner, <br />independent testing laboratories, and governmental agencies with jurisdictional interests will <br />have access to the Site and the Work at reasonable times for their observation, inspection, and <br />testing. Contractor shall provide them proper and safe conditions for such access and advise them <br />of Contractor's safety procedures and programs so that they may comply therewith as applicable. <br />EJCDC C-700 Standard General Conditions of the Construction Contract <br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Paee 48 of 62 <br />