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3.12.3 Services related to determination of space needs,
<br />programming, internal traffic studies or other utilization of the
<br />Project are Additional Services;
<br />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 GM'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 CM a
<br />written instruction to proceed with Services, whichever is
<br />earlier. The duration of the CM'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 CM warranty phase services.
<br />4.2 Master Schedule
<br />The CM's Services shall be pertormed for the periods of time
<br />indicated in the approved Master Schedule. Firm dates for
<br />substantial completion and final completion of the Project shall
<br />also 6e fixed. At that time the CM represents that the Master
<br />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 afl of the
<br />activities of others which impact, limit, or otherwise affect the
<br />start, duration, or completion of the GM'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 GM
<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, t#~e ~n~ti~~~
<br />o~+tioio~~ ti~..o +tio ~ ...tio ..f .+~.,~ ~ ~ti.,,.,.,
<br />+tio nn~~+o~ c~tio.~„io t.,~ +tio ~~+~„~+,. ~~+ +he 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 CM to
<br />work overtime, to increase Tabor forces or to take any
<br />necessary or appropriate action to decrease the time required
<br />for any activity, and the CM shall 6e entitled to an adjustment in
<br />the Contract Price computed in accordance with Article 5~#
<br />4.5 Earlv Start
<br />[Not used]
<br />4.6 Recovery
<br />tNOt Used.l eti..,,i.~ +tie rnn s.,~i +,. ~+.,.+., ,.~~+~..~i .,,.+:.,~+,,,... +he
<br />+~.+ .a.,+e ~ti..,,.. ~., +tie RAnc+cr e..+.e.a,.ie .. ~+ .... ti.,..e
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