Agenda - 01-15-2008-4y4 - Laserfiche WebLink

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such action shall be charged to the CM and deducted from any amounts due under the Agreement. 4.7 Schedule Monitoring The Designer and Owner shall monitor progress of the Work and the OM shall cooperate with such monitoring and provide any and all information with respect to the progress of the Work and scheduling as the Owner or Designer may reasonably require. 4.8 Schedule Revisions On a monthly basis, the CM shall revise the Master Schedule, showing any adjustments made in accordance with this Article, by any Change Order, the progress of the Work, and any days gained or days lost with respect to any activity, and shall furnish copies thereof to the Owner and Designer. 4.9 Withholding Payment from CM [Not used] 4.10 Work by Owner If the GM, within a period of t#~ee-{3)-seven (71 working days after notice that it is behind in a critical activity or is otherwise in default under this Agreement, shall not proceed in good faith and with reasonable speed to correct such delay or default in accordance with such notice, the Owner shall have full power and authority to take the prosecution of the Work out of the hands of the CM, to appropriate or use any or all materials and equipment at the Project as may be suitable and acceptable, and to enter into other agreements for the completion of the Work or pursue such other methods as in the Owner's sale reasonable discretion aad--epEaier~shall be necessary or appropriate for the completion of the Work The Owner shall have the right to perform Work, hire and employ labor and craftsmen, rent equipment, subcontract with other parties, or do anything that the Owner deems necessary or appropriate to remedy or cure any delay or default by the CM in the progress of the Work. Such action by the Owner shall not, in any way, affect, void or limit any warranty, guaranty or other responsibility of the CM under the Contract Documents related to Work completed prior to Owner's take over of the oroiect. Such action may be taken by the Owner only after terse-{3) seven (7) working days written notice to the CM. All costs incurred by the Owner in taking any 4.11 Force Maieure The GM may be entitled to an extension of the time for completion (but no increase in the Guaranteed Maximum Price) for delays arising from unforeseen causes beyond the control and without the fault or negligence of the Owner, the GM or the CM's Contractors as follows: 4.11.1 Acts of God, tornado, fire, hurricane or earthquake that damage completed Work or stored materials or make it hazardous, dangerous or impractical to pertorm the Work. 4.11.2 Acts of the public enemy; acts of the State, Federal, or local government in their sovereign capacities. 4.11.3 Abnormal inclement weather as defined in Paragraph 4.13. 4.12 Notice The CM and the Contractors shall not be entitled to and hereby expressly waive any extension of time resulting from any condition or cause unless a claim for extension of time is made in writing to the Owner ~^ ~'"~^ '"~°° rz` ~'°•~^ ^' "v the tenth (10th) day of the month following the month in which the i+rst instance of delay '^~ °'.~ 'his encountered, except excessive inclement weather which shall be made in accordance with paragraph 4.13. All claims not filed in accordance with this Article shall be waived by the CM. Nothing herein shall apply to or 6e deemed a limitation on the CM's right to seek an adjustment to the Guaranteed Maximum Price for the limited reasons reserved in the Agreement of Intent. Circumstances and activities leading to such claim shall be indicated or referenced in a da~i~ fiel~iws~e~;a; ~egeKtconstruction log for the day{s) affected. In every such written claim, the GM shall provide the following information: 4.12.1 Nature of the Delay; 4.12.2 Date (or Anticipated Date) Of Commencement of Delay: 4.12.3 Activities on the Progress Schedule affected by the delay, and/or new activities created by the delay and their relationship with existing activities; 17