Agenda -11-06-2008 - 4p - Laserfiche WebLink

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Completion Date shown :on the Master. Schedule, or as such Compledon.Date may have been adjusted. " 41 Schedule Monitoring The Designer and Owner shall. monitor progress of the Work and the. CMAR shall- cooperate with such monitoring and provide any "and all information with respell to the progress of the Work ,and scheduling as the. Owner. or Designer may reasonably require. 4.8 Schedule Revisions . On a monthly basis, the CMAR shall revise the Master Schedule, showing any adjustments made In accordance with this Article, by any Change Order, the progress of the Work, and any days gained or days lost with respect to any activity, and shall fumish copies thereof to the Owner and Designer. 4.8 Withholding Payment from CMAR Should any monthly revision of any Master Schedule show that the CMAR is behind on any critical activity, the late completion of which could delay Substantial Completion of the Work, the Owner shall be entitled to withhold from the next Progress Payment due the CMAR an amount not exceeding the amount the Owner would be entitled to in Liquidated Damages, should Substantial Completion be delayed by the same number of days that the CMAR is currently behind schedule. lf, subsequently, the Project progress, as shown by any succeeding monthly revision to the Master Schedule, Is such that the anticipated delay no longer exists, the Owner shall pay with the Progress Payment next due to the CMAR such amounts as have been withheld In accordance with this paragraph. 4.10 Work by Owner If the CMAR, within a period of five (5) days after notice that it Is behind In a critical activity or is otherwise in default under this Agreement, shall not proceed In good faith and with reasonable speed to correct such delay or default in accordance with such notice, the Owner shall have full power and authority to take the prosecution of the Work out of the hands of the CMAR, to appropriate or use any br all materials and equipment at the Project as may be suitable and acceptable, and to enter into 'other agreements for the completion of the Work or pursue such. other methods as In the Owner's sole discretion and opinion shall be necessary or appropriate for the completion of the Work in an acceptable manner. The Owner shall have the right to perform Work, hire and employ labor and craftsmen, 17 tent equipment, subcontract with other parties, or do anything that the Owner deems necessary or appropriate to remedy or cure any delay or default by the CMAR In the progress of the Work. Such action by the Owner shall not in any way, affect, void or limit any warranty, guaranty or other responsibility of the CMAR under the Contract Documents. Such action may be taken by the Owner only after five (5) days written notice to the CMAR.. All costs incurred by the Owner.in taking any such action shall be charged to the CMAR and deducted from any amounts due under the Agreement. 4.11 Force Majoure The CMAR may be entitled to an extension of the time for completion -(but no increase in the Guaranteed Ma)dmum Price except as described In this Paragraph 4.11) for delays arising from unforeseen causes beyond the control and without the fault or negligence of the Owner, the OMAR or the CMAR's Contractors as follows-. 4.11.1 Ads of God, tomado, fire, hurricane or earthquake that . damage completed Work or stored materials. 4.11.2 Acts of sabotage that damage completed work or stored materials. 4.11.3 Labor disputes at the project site. 4.11.4 Unavoidable casualties that damage completed work or stored materials. 4.11.5 Acts of the public enemy. 4.11.6 Acts of the State, Federal, or local government in their sovereign capacities. " 4.11.7 -Abnormal Inclement weather as defined In Paragraph 4.13. If the Faroe Majeure delay Is greater than 120 days, the Owner shall consider and, If reasonable, approve a request for an adjustment to the GMP.for the additional costs caused by the force majeure delay beyond the 120 day period. The CMAR and the Contractors shall not be entitled to and hereby expressly walve and extension of.time.resulting from any condition or. cause unless a_ claim for extension. of time Is