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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 parry ' 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 />