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22 .2 . Upon receipt of notice that a land-disturbing activity is in violation of said act, the CMAR shall be responsible for ensuring that all steps or actions necessary to bring the Project in compliance with said act are promptly taken and shall incur the cost of any related fines . 22 . 3 . The CMAR shall be solely responsible for defending any legal actions instituted pursuant to N . C . G . S . 113A- 64 , 22 . 4 . To the fullest extent permitted by law , the CMAR shall indemnify and hold harmless the Owner, the Project Designer and the agents, consultants and employees of the Owner and Project Designer, from and against all claims , damages , civil penalties, losses and expenses, including, but not limited to, attorneys ' fees, arising out of or resulting from the performance of Work or failure of performance of Work, provided that and only to the extent that any such claim , damage , civil penalty , loss or expense is attributable to the negligence of CMAR or its subcontractors and is a violation of the Sedimentation Pollution Control Act . Such obligation shall not be construed to negate , abridge or otherwise reduced any other right or obligation of indemnity which would otherwise exist as to any party or persons described in this Contract, including specifically paragraph 48 . 23 . INSPECTION OF THE WORK 23 . 1 . It is a condition of this contract that the Work shall be subject to inspection during normal working hours by the Project Designer, designated official representatives of the Owner, and those persons required by state law to test special Work for official approval . The CMAR shall therefore provide safe access to the Work at all times for such inspections . 23 . 2 . All instructions to the CMAR regarding the interpretation of the plans and specifications will be made only by or through the Project Designer or its designated Project representative . Observations made by official representatives of the Owner shall be conveyed to the Project Designer for review and coordination prior to issuance to the CMAR. i E 23 . 3 . Where special inspection or testing is required by virtue of any state laws , instructions of the Project Designer, specifications or codes, the CMAR shall give adequate notice to the Project Designer and Owner of the time set for such inspection or test, if the inspection or test will be E conducted by a party other than the Project Designer. Such special tests or inspections will be made f in the presence of the Project Designer and Owner' s representative or the Owner ' s designated agent, and it shall be the CMAR ' s responsibility to serve ample notice of such tests . 23 . 4 . All laboratory tests shall be paid by the Owner unless provided otherwise in the Contract Documents except the CMAR shall pay for laboratory tests to establish design mix for concrete, and for additional tests to prove compliance with Contract Documents where materials have tested 4 deficient except when the Owner ' s testing laboratory did not follow the appropriate ASTM testing procedures . 23 . 5 . The CMAR shall perform quality control inspections on the Work of the Subcontractors to guard the Owner against defects and deficiencies in the Work and shall coordinate its activity with the on- 3 site duties of the Project Designer. The CMAR shall advise the Project Designer of any apparent variation and deviation from the Construction Documents and shall take the necessary action to correct such variations and deviations from the Construction Documents . The CMAR shall provide two sets of all inspection reports (in binder form) as part of the job progress meetings to the Project Designer and the Owner. 23 . 6 . The Owner reserves the right to independently contract for compliance inspection and testing . The CMAR shall incorporate and coordinate its services with inspections agents provided by the Owner in general accordance with the State of North Carolina, Department of Administration, State Construction Office ' s " Special Inspections Guidelines" Page 22 of 52 Revised 12/24, 4/25 i