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DocuSign Envelope ID: 12DCC4E1-4D61-4DOE-A2A2-7C6E689613AC <br /> 30 <br /> shown by any succeeding monthly revision to the Contract Construction Schedule, is such that <br /> the anticipated delay no longer exists, the Owner shall pay with the Progress Payment next due <br /> to the Contractor such amounts as have been withheld in accordance with this paragraph. <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 /> Revised 12/18 <br />