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DocuSign Envelope ID: 04E136D1 -507C- 4219- BF16- 446F8D2192F8 <br />30 <br />13.12 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 Contractor in the progress of the Work. Such <br />action by the Owner shall not, in any way, affect, void or limit any warranty, guaranty or other <br />responsibility of the Contractor under the Contract Documents. Such action may be taken by the <br />Owner only after three (3) days written notice to the Contractor. All costs incurred by the Owner <br />in taking any such action shall be charged to the Contractor and deducted from any amounts <br />remaining due under the Agreement. <br />13.13 The Contractor may be entitled to an extension of the Contract Time (but no increase in <br />the Contract Sum) for delays arising from unforeseen causes beyond the control and without the <br />fault or negligence of the Owner, the Contractor or the Contractor's Subcontractors 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 13.14. <br />13.14 On any day that the Contractor considers that the Project is delayed by adverse weather <br />conditions, the Contractor shall identify in writing to the Designer and the Owner the adverse <br />weather conditions affecting each activity, the specific nature of the activity affected, the number <br />of hours lost, and the number of and identity (by responsibility or trade) of workers affected and <br />shall obtain from the Designer written recognition of the delay. The time for performance of this <br />Contract includes an allowance for a number of calendar days which may not be suitable for <br />construction Work by reason of adverse weather. The Contract Time will be extended only if the <br />number of calendar days of adverse weather recognized by the Designer exceeds the number <br />of inclement weather days set forth below, and the Contractor demonstrates how this adverse <br />weather impacts activities on the critical path of the Contract Construction Schedule. Month <br />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 />November 8 <br />December 9 <br />Revised 10/17 <br />