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Schedule has been reviewed in detail, that the Contractors <br />participated in its preparation, that all of the activities which <br />impact, limit, or otherwise affect the time of completion of the <br />Work are shown in the Master Schedule and that all of the <br />activities of others which impact, limit, or otherwise affect the <br />start, duration, or completion of the CM's activities are also <br />shown. The CM further represents that the CM can and will <br />complete each activity within the time shown for that activity. <br />Time is of the essence with respect to each such activity and <br />completion date. <br />4.3 Non-waiver <br />If the CM submits a construction schedule, progress report, or <br />any other document that indicates or otherwise expresses an <br />intention to achieve completion of the Work prior to any <br />established completion date, no liability of the Owner to the CM <br />for any failure of the CM to so complete the Work shall be <br />created or implied. <br />4.4 Schedule Adjustment <br />If the CM and its Contractors, for reasons beyond their control, <br />are delayed in beginning any activity, the affected activity and <br />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 CM to <br />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 GM shall be entitled to an adjustment in <br />the Contract Price computed in accordance with Article 5. <br />4.5 Early Start <br />[Not used] <br />4.6 Recovery <br />[Not Used.] <br />4.7 Schedule Monitoring <br />The Designer and Owner shall monitor progress of the Work <br />and the CM shall cooperate with such monitoring and provide <br />any and all information with respect to the progress of the Work <br />and scheduling as the Owner or Designer may reasonably <br />require. <br />4.8 Schedule Revisions <br />On a monthly basis, the CM shall revise the Master Schedule, <br />showing any adjustments made in accordance with this Article, <br />by any Change Order, the progress of the Work, and any days <br />gained or days lost with respect to any activity, and shall <br />furnish copies thereof to the Owner and Designer. <br />4.9 Withholding Payment from CM <br />[Not used] <br />4.10 Work by Owner <br />If the CM, within a period of seven (7) working days after notice <br />that it is behind in a critical activity or is otherwise in default <br />under this Agreement, shall not proceed in good faith and with <br />reasonable speed to correct such delay or default in <br />accordance with such notice, the Owner shall have full power <br />and authority to take the prosecution of the Work out of the <br />hands of the GM, to appropriate or use any or all materials and <br />equipment at the Project as may be suitable and acceptable, <br />and to enter into other agreements for the completion of the <br />Work or pursue such other methods as in the Owner's <br />reasonable discretion shall be necessary or appropriate for the <br />completion of the Work. The Owner shall have the right to <br />perform Work, hire and employ labor and craftsmen, rent <br />equipment, subcontract with other parties, or do anything that <br />the Owner deems necessary or appropriate to remedy or cure <br />any delay or default by the CM in the progress of the Work. <br />Such action by the Owner shall not, in any way, affect, void or <br />limit any warranty, guaranty or other responsibility of the CM <br />under the Contract Documents related to Work completed prior <br />to Owner's take over of the project. Such action may be taken <br />by the Owner only after seven (7) working days written notice <br />to the CM. All costs incurred by the Owner in taking any such <br />action shall be charged to the CM and deducted from any <br />amounts due under the Agreement. <br />4.11 Force Maieure <br />The CM may be entitled to an extension of the time for <br />completion (but no increase in the Guaranteed Maximum Price) <br />for delays arising from unforeseen causes beyond the control <br />and without the fault or negligence of the Owner, the GM or the <br />CM's Contractors as follows: <br />4.11.1 Acts of God, tornado, fire, hurricane or earthquake that <br />damage completed Work or stored materials or make it <br />hazardous, dangerous or impractical to perform the Work. <br />4.11.2 Acts of the public enemy; acts of the State, Federal, or <br />local government in their sovereign capacities. <br />16 <br />