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i <br /> i against Owner or Engineer for costs or damages due to any alleged delaying or Contractor in the <br /> performance of the Work, which percentage shall be equal to the percentage of Contractor's total <br /> delay claim which is determined to be false or to have no basis in law or in fact. <br /> ' G. To the fullest extent permitted by law, and notwithstanding anything to the contrary in the <br /> Contract Documents, an extension of the Contract Time, to the extent permitted under Paragraph <br /> 12.02, shall be the sole remedy of Contractor for any (1) delay in the commencement, <br /> prosecution, or completion of the Work, (ii) hindrance or obstruction in the performance of the <br /> Work, (iii) loss of productivity, or (iv) other similar claims (collectively referred to in this <br /> ' Paragraph 12.03.G as "Delays" whether or not such Delays are foreseeable, unless a Delay is <br /> caused by acts of Owner constituting active interference with Contractor's performance of the <br /> Work, and only to the extent such acts continue after Contractor furnishes Owner with notice of <br /> ' such interference. In no event shall Contractor be entitled to any compensation with any Delay, <br /> including, without limitation, consequential damages, lost opportunity costs, impact damages, or <br /> other similar remuneration. Owner's exercise of any of its rights under the Contract Documents <br /> ' (including, without limitation, ordering changes in the Work, or directing suspension, <br /> rescheduling, or correction of the Work), regardless of the extent or frequency of Owner's <br /> exercise of such rights or remedies, shall not be construed as active interference with <br /> Contractor's performance of the Work. <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 <br /> them of Contractor's safety procedures and programs so that they may comply therewith as <br /> applicable. <br /> 13.03 Tests and Inspections <br /> A. Contractor shall give Engineer timely notice of readiness of the Work for all required <br /> inspections, tests, or approvals and shall cooperate with inspection and testing personnel to <br /> facilitate required inspections or tests. <br /> B. Owner shall employ and pay for the services of an independent testing laboratory to perform all <br /> inspections,tests,or approvals required by the Contract Documents except: <br /> 1. for inspections,tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; <br /> ' EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 63 of 81 <br />