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42 <br /> 30 <br /> 12.12 The Owner shall have the right to perform Work, hire and employ labor and craftsmen, <br /> rent equipment, subcontract with other parties, or do anything that the Owner deems necessary <br /> or appropriate to remedy or cure any delay by the Design-Builder in the progress of the Work. <br /> Such action by the Owner shall not, in any way, affect, void, or limit any warranty, guaranty or <br /> other responsibility of the Design-Builder under the Contract Documents. Such action may be <br /> taken by the Owner only after three (3) days written notice to the Design-Builder. All costs <br /> incurred by the Owner in taking any such action shall be charged to the Design-Builder and <br /> deducted from any amounts remaining due under the Agreement. <br /> 12.13 The Design-Builder may be entitled to an extension of the Contract Time (but no increase <br /> in the Contract Sum) for delays arising from unforeseen causes beyond the control and without <br /> the fault or negligence of the Owner, the Design-Builder or the Design-Builder's Subcontractors <br /> as follows: <br /> a) Labor disputes and strikes that directly impact the critical path activities of the Contract <br /> Construction Schedule; <br /> b) Acts of God, tornado, fire, hurricane, blizzard, earthquake, typhoon, or flood that damage <br /> completed Work or stored materials. <br /> c) Acts of the public enemy; acts of the State, Federal, or local government in their sovereign <br /> capacities. <br /> d) Abnormal inclement weather as defined in Article 12.14. <br /> 12.14 On any day that the Design-Builder considers that the Project is delayed by adverse <br /> weather conditions, the Design-Builder shall identify in writing to the Owner's Authorized <br /> Representative the adverse weather conditions affecting each activity, the specific nature of the <br /> activity affected, the number of hours lost, and the number of and identity (by responsibility or <br /> trade) of workers affected and shall obtain from the Owner's Authorized Representative written <br /> recognition of the delay. The time for performance of this Contract includes an allowance for a <br /> number of calendar days which may not be suitable for construction Work by reason of adverse <br /> weather. The Contract Time will be extended only if the number of calendar days of adverse <br /> weather recognized by the Owner's Authorized Representative exceeds the number of <br /> inclement weather days set forth below, and the Design-Builder clearly and convincingly <br /> demonstrates how this adverse weather impacts activities on the critical path of the Contract <br /> Construction Schedule. Month Number of Inclement Weather Days: <br /> January 10 <br /> February 10 <br /> March 10 <br /> April 9 <br /> May 10 <br /> June 9 <br /> July 11 <br /> August 10 <br /> September 8 <br /> October 7 <br /> Revised 2/17 <br />