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3.12.4 Warranty inspections during the warranty period of the <br />Project are required and are not Additional Services; <br />3.12.5 Services made necessary by the failure to perform by or <br />bankruptcy of a Contractor Is a required Service and is not an <br />Additional Service; <br />3.12.6 Preparation for and serving as a witness In connection <br />with any public or private hearing or arbitration mediation or <br />legal proceeding relating to the Project is a required Service <br />and is not an Additional Service; <br />3.12.7 Assisting the Owner in public relations activities and <br />preparing information for and attending public meetings is a <br />required Service, not an Additional Service; and <br />3.12.8 Services related to move -in including preparing and <br />soliciting responses to requests for proposals, preparing and <br />coordinating the execution of contracts, conducting pre- moving <br />conferences, administering the contract for moving activities In <br />conjunction with the move -in for the Project and providing on- <br />site personnel to oversee the relocation of furniture and <br />equipment by the movers while actual move -in is in progress <br />are Additional Services; provided, however, that coordination of <br />the Work of the Contractors with move -in by the Owner in <br />accordance with the Master Schedule is required and is not an <br />Additional Service. <br />ARTICLE 4 <br />TIME FOR PERFORMANCE <br />4.1 Duration <br />The commencement date for the CMAR's Services shall be the <br />date of execution of this Agreement by the Owner as stated <br />herein or the date on which the Owner Issues to the CMAR a <br />written instruction to proceed with Services, whichever is <br />earlier. The duration of the CMAR's Services under this <br />Agreement shall be from the date of this Agreement through <br />the Issuance of the certificate of final completion, plus the one - <br />year CMAR warranty phase services. <br />4.2 Master Schedule <br />The CMAR's Services shall be performed for the periods of <br />time Indicated in the approved Master Schedule. Firm dates for <br />substantial completion and final completion of the Project shall <br />16 <br />also be fixed. At that time the CMAR represents that the <br />Master Schedule has been reviewed in detail, that the <br />Contractors participated in its preparation, that all of the <br />activities which impact, limit, or otherwise affect the time of <br />completion of the Work are shown in the Master Schedule and <br />that all of the activities of others which impact, limit, or <br />otherwise affect the start, duration, or completion of the <br />CMAR's activities are also shown. The CMAR further <br />represents that the CMAR can and will complete each activity <br />within the time shown for that activity. Time is of the essence <br />with respect to each such activity and completion date. <br />4.3 Non - waiver <br />If the CMAR submits a construction schedule, progress report, <br />or any other document that Indicates or otherwise expt•esses <br />an intention to achieve completion of the Work prior to any <br />established completion date, no liability of the Owner to the <br />CMAR for any failure of the CMAR to so complete the Work <br />shall be created or implied. <br />4.4 Schedule Adjustment <br />If the CMAR and Its Contractors, for 'reasons beyond their <br />control, are delayed In beginning any activity, the CMAR shall, <br />nevertheless, have the same number of days as is shown in <br />the Master Schedule for the activity, and the affected activity <br />and any succeeding activity that is dependent upon that activity <br />shall be adjusted accordingly; provided that at any time the <br />Owner, by means of a Change Order, may require the CMAR <br />to work overtime, to Increase labor forces or to take any <br />necessary or appropriate action to decrease the time required <br />for any activity, and the CMAR shall be entitled to an <br />adjustment in the Contract Price computed in accordance with <br />Article 5 of these General Conditions. <br />4.5 Early Start <br />[Not used.] <br />4.6 Recovery <br />Should the CMAR fail to start a critical activity on the start date <br />shown in the Master Schedule or as It may have been adjusted <br />In accordance with this Article, or become delayed, the CMAR <br />and its Contractors shall, without being entitled to any increase <br />In the Guaranteed Maximum Price or other compensation, work <br />overtime, Increase labor forces or take such other action' as <br />may be necessary or appropriate to complete the activity by the <br />