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3.12.4 Warranty Inspections during the warranty period of the <br />Project are required and are not Additional Services; <br />3.12.5 Services made necessary by the failure to perform by or <br />bankruptcy of a Contractor is a required Service and Is not an <br />Additional Service; <br />3.12.6 Preparation for and serving as a witness in connection <br />with any public or private hearing or arbitration mediation or <br />legal proceeding relating to the Project is a required Service <br />and Is not an Additional Service, <br />3.12.7 Assisting the. Owner In public relations activities and <br />preparing Information for and attending public meetings is a <br />required Service, not an Additional' Service; and <br />3.12.8 Services related to m9ve4n including preparing and <br />soliciting responses to requests_ for proposals, preparing and <br />coordinating the execution of contracts, conducting pre - moving <br />conferences, administering the contract for moving activities in <br />conjunction with the move -in for. lhe Project and providing on- <br />site personnel to oversee -the- relocation 'of furniture and <br />equipment by the movers while actual move4n is in progress <br />are Additional Services; provided, however, that coordination of <br />the Work of the Contractors with move mitt by the Owner In <br />accordance with the Master Schedule is required and is not an <br />Additional Service. <br />ARTICLE 4. <br />TIME FOR PERFORMANCE <br />4.1 Duration <br />The commencement date for the CMAR's Services shall be the <br />date. of execution of this'Agreement by the Owner as stated <br />herein or the date on which the Owner issues to the CMAR a <br />written Instruction- to proceed with Services, whichever Is <br />earlier. The duration of the CMAR's Services under this <br />Agreement shall. be from the date of this Agreement through <br />the Issuance of the certificate of final completion, plus the one - <br />year CMAR warranty phase services. <br />4.2 Masser Schedule <br />The CMAR's Services .shall be. performed for the periods of <br />time Indicated In the approved Master Schedule. Firm date_ s for <br />substantial :completion and final completion of the Project shall <br />16 <br />also be fixed. At that Ume .the CMAR represents that the <br />Master Schedule has been .reviewed in detail. that the <br />Contractors participated In Its preparation,•. that all of the <br />activities which Impact, limit, 'or otherwise, affect the time of <br />completion of the Work are. shown In the Master Schedule and <br />that all of 'the activities of others which impact, limit, or <br />otherwise affect the start, duration, or completion of. -the <br />CMAR's activities are also shown. The CMAR further <br />represents that. th e CMAR can and•wlll complete each activity <br />within the time shown for that activity. Time Is of the essence <br />with respect to each such activity and completion date. <br />4.3 Non- waivter <br />If the CMAR submits a construction schedure, progress report, <br />or any other document that Indicates or otherwise expresses <br />an intention to achieve completion of the Work prior to any <br />established completion date, no liability of the Owner to the <br />CMAR for any failure of the CMAR to so complete the Work <br />shall be created or Implied. <br />4.4 Schedule AdjuWM <br />If the CMAR and Its .Contractors, for reasons beyond their <br />control, are delayed in beginning any activity, the CMAR shall, <br />nevertheless, have the same number of days as Is shown in <br />the Master Schedule for- the activity, and the affected activity <br />and any succeeding activity that is dependent upon that activity <br />shall- be adjusted accordingly;. provided that. at any time the <br />Owner, by means of a Change Order, may require the CMAR <br />to work overtime, to increase labor forces or to take • any <br />necessary or appropriate action to decrease the time required <br />for any activity, and the CMAR shall be ' entitled to an <br />adjustment in the Contract Price computed In accordance with <br />ArUde 5 of these General Conditions. <br />4.5 Early Start <br />[Not used.] <br />4.6 RecoyeltC <br />Should the CMAR fail to start a critical activity on the start date <br />shown In the Master Schedule or as it may have been adjusted <br />In accordance with this Article, or become delayed, the CMAR <br />and Its Contractors shall, Without being entitled to any Increase <br />In the Guaranteed Mardmum Price or other compensation, work <br />overtime, increase labor forces or take such other action as <br />may be necessary or appropriate to complete the activity by the <br />