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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 GM and its Contractors, for reasons beyond their control, <br />are delayed in beginning any activity, the GM 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 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 CM shall be entitled to an adjustment in <br />the Contract Price computed in accordance with Article 5 of <br />these General Conditions. <br />4.5 Early Start <br />[Not used] <br />4.6 Recovery <br />Should the CM 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 CM and <br />its Contractors shall, without being entitled to any increase in <br />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 6y the <br />Completion Date shown on the Master Schedule, or as such <br />Completion Date may have been adjusted. <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 GM 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 three (3) days after notice that it is <br />behind in a critical activity or is otherwise in default under this <br />Agreement, shall not proceed in good faith and with reasonable <br />speed to correct such delay or default in accordance with such <br />notice, the Owner shall have full power and authority to take <br />the prosecution of the Work out of the hands of the CM, to <br />appropriate or use any or all materials and equipment at the <br />Project as may be suitable and acceptable, and to enter into <br />other agreements for the completion of the Work or pursue <br />such other methods as in the Owner's sole discretion and <br />opinion shall be necessary or appropriate for the completion of <br />the Work in an acceptable manner. The Owner shall have the <br />right to perform Work, hire and employ labor and craftsmen, <br />rent equipment, subcontract with other parties, or do anything <br />that the Owner deems necessary or appropriate to remedy or <br />cure any delay or default by the CM in the progress of the <br />Work. Such action by the Owner shall not, in any way, affect, <br />void or limit any warranty, guaranty or other responsibility of the <br />CM under the Contract Documents. Such action may be taken <br />by the Owner only after three (3) days written notice to the CM. <br />All costs incurred by the Owner in taking any such action shall <br />be charged to the CM and deducted from any amounts due <br />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. <br />4.11.2 Acts of the public enemy; acts of the State, Federal, or <br />local government in their sovereign capacities. <br />4.11.3 Abnormal inclement weather as defined in Paragraph <br />4.13. <br />4.12 Notice <br />The CM and the Contractors shall not be entitled to and hereby <br />expressly waive any extension of time resulting from any <br />16 <br />