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52 <br /> foregoing,the CMAR shall be entitled to an equitable adjustment in its fee and general <br /> conditions in the event of delays beyond its control as more specifically defined in Section <br /> 24.3. <br /> This mutual waiver is applicable,without limitation,to all consequential damages due to <br /> either party's termination in accordance with Articles 39,40,or 41.Nothing contained in this <br /> Article 54 shall be deemed to preclude assessment of liquidated damages,when applicable,in <br /> accordance with the requirements of the Contract Documents. <br /> 55.CMAR No Practice of Engineering <br /> 55.1. Nothing contained in this Agreement shall be deemed to authorize or require the CMAR to <br /> perform with its own forces any act which would constitute the rendering of professional services, <br /> such as the practice of architecture,engineering or laboratory testing.Notwithstanding anything to <br /> the contrary herein,the CMAR is not required to ascertain that the Contract Documents are in <br /> accordance with applicable laws,statutes,ordinances,codes,rules and regulations,or lawful <br /> orders of public authorities,but the Contractor shall promptly report to the Project Designer any <br /> nonconformity discovered by or made known to the CMAR as a request for information in such <br /> form as the Project Designer may require. <br /> 56.Owner's Separate Contractors <br /> 56.1. The Owner shall cause all contractors that it engages under separate contracts to agree to <br /> indemnify the Owner and CMAR and hold them harmless from all claims that may arise from that <br /> contractor's operations;and to name Owner and CMAR as additional insureds on its insurance <br /> policies. Such provisions shall be in a form reasonably satisfactory to the CMAR. Such liability <br /> insurance shall be primary and non-contributory as it relates claims arising from such separate <br /> contractor's scope of work;and separate contractors shall cause each of its liability and worker's <br /> compensation carriers to waive its rights of subrogation against CMAR and its Subcontractors. <br /> 57. Unforeseeable Government Actions and Unforeseen Government Impacts <br /> 57.1. Notwithstanding anything to the contrary,the Parties understand and agree that changes in law <br /> or policies that occur after execution of this Contract may have resulting impacts on construction <br /> costs and schedules("Unforeseeable Government Actions").It is not possible,however,at the <br /> time of execution of this Contract to predict or determine the costs and schedule impacts resulting <br /> from,without limitation,labor shortages,increased labor costs,supply chain disruptions, <br /> increased or new taxes or tariffs on goods and materials,resulting delivery delays,and other <br /> similar impacts resulting from such Unforeseeable Government Actions. <br /> 57.2. Such Unforeseeable Government Actions may create instability,delays,shortages,and other <br /> impacts on materials,pricing,labor,equipment,and supplies needed for the construction of the <br /> Project(collectively"Unforeseen Government Impacts").In the event CMAR or its Trade <br /> Contractors are adversely impacted from Unforeseen Government Impacts,then the Contract Time <br /> shall be extended for such reasonable time as the Project Designer may determine and the GMP <br /> equitably adjusted accordingly by Change Order.The CMAR and Owner acknowledge that they <br /> have a mutual obligation to mitigate the Unforeseen Government Impacts to the extent reasonable <br /> under the circumstances. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Page 49 of 52 <br /> Revised 12/24,4/25 <br />