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25 <br /> 22.2. Upon receipt of notice that a land-disturbing activity is in violation of said act,the CMAR shall be <br /> responsible for ensuring that all steps or actions necessary to bring the Project in compliance with <br /> said act are promptly taken and shall incur the cost of any related fines. <br /> 22.3. The CMAR shall be solely responsible for defending any legal actions instituted pursuant to <br /> N.C.G.S. 113A-64. <br /> 22.4. To the fullest extent permitted by law, the CMAR shall indemnify and hold harmless the Owner, <br /> the Project Designer and the agents,consultants and employees of the Owner and Project Designer, <br /> from and against all claims, damages, civil penalties, losses and expenses, including, but not <br /> limited to, attorneys' fees, arising out of or resulting from the performance of Work or failure of <br /> performance of Work, provided that and only to the extent that any such claim, damage, civil <br /> penalty, loss or expense is attributable to the negligence of CMAR or its subcontractors and is a <br /> violation of the Sedimentation Pollution Control Act. Such obligation shall not be construed to <br /> negate, abridge or otherwise reduced any other right or obligation of indemnity which would <br /> otherwise exist as to any party or persons described in this Contract, including specifically <br /> paragraph 48. <br /> 23.INSPECTION OF THE WORK <br /> 23.1. It is a condition of this contract that the Work shall be subject to inspection during normal working <br /> hours by the Project Designer, designated official representatives of the Owner, and those persons <br /> required by state law to test special Work for official approval. The CMAR shall therefore provide <br /> safe access to the Work at all times for such inspections. <br /> 23.2. All instructions to the CMAR regarding the interpretation of the plans and specifications will be <br /> made only by or through the Project Designer or its designated Project representative. Observations <br /> made by official representatives of the Owner shall be conveyed to the Project Designer for review <br /> and coordination prior to issuance to the CMAR. <br /> 23.3. Where special inspection or testing is required by virtue of any state laws, instructions of the <br /> Project Designer, specifications or codes, the CMAR shall give adequate notice to the Project <br /> Designer and Owner of the time set for such inspection or test, if the inspection or test will be <br /> conducted by a party other than the Project Designer. Such special tests or inspections will be made <br /> in the presence of the Project Designer and Owner's representative or the Owner's designated <br /> agent,and it shall be the CMAR's responsibility to serve ample notice of such tests. <br /> 23.4. All laboratory tests shall be paid by the Owner unless provided otherwise in the Contract <br /> Documents except the CMAR shall pay for laboratory tests to establish design mix for concrete, <br /> and for additional tests to prove compliance with Contract Documents where materials have tested <br /> deficient except when the Owner's testing laboratory did not follow the appropriate ASTM testing <br /> procedures. <br /> 23.5. The CMAR shall perform quality control inspections on the Work of the Subcontractors to guard <br /> the Owner against defects and deficiencies in the Work and shall coordinate its activity with the on- <br /> site duties of the Project Designer. The CMAR shall advise the Project Designer of any apparent <br /> variation and deviation from the Construction Documents and shall take the necessary action to <br /> correct such variations and deviations from the Construction Documents. The CMAR shall provide <br /> two sets of all inspection reports(in binder form)as part of the job progress meetings to the Project <br /> Designer and the Owner. <br /> 23.6. The Owner reserves the right to independently contract for compliance inspection and testing. The <br /> CMAR shall incorporate and coordinate its services with inspections agents provided by the Owner <br /> in general accordance with the State of North Carolina, Department of Administration, State <br /> Construction Office's"Special Inspections Guidelines" <br /> Page 22 of 52 <br /> Revised 12/24,4/25 <br />