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City of Everett 00 7200 - 45 <br /> 2020 Biosolids Removal UT3705-11 <br /> 12.4.3.3 Delays ConcurrentlyCaused byContractor and Owner <br /> y <br /> If the Owner and the Contractor cause a Delay concurrently,neither the Owner nor the Contractor shall be <br /> liable to the other except as provided herein. <br /> 12.4.3.3.1 Adjustment of Contract Sum <br /> ' The Contractor shall not be entitled to any adjustment in Contract Sum for Delays concurrently <br /> caused by the Owner and the Contractor. <br /> 12.4.3.3.2 Adjustment of Contract Time <br /> ' The Contractor shall be entitled to an extension of Contract Time for the Owner caused portion of any <br /> Delay concurrently caused by the Owner and Contractor to the extent the Owner caused the Delay to <br /> extend longer than if the Contractor had solely caused the Delay. <br /> 12.4.3.4 Third Party Caused Delays and Force Majeure <br /> 12.4.3.4.1 Caused Solely by Third Parties or Force Majeure <br /> 12.4.3.4.1.1 Adjustment of Contract Sum <br /> The Owner and the Contractor shall not be responsible to compensate each other financially for <br /> any Delay solely caused by a third party for whom neither the Contractor nor the Owner is <br /> responsible, or for any Delay caused solely by earthquake,flood,natural disasters,acts of war or <br /> acts of terrorism. A Delay caused by a utility's failure to provide service or relocate its lines <br /> (despite a timely request for such service or relocation) is an example of this kind of Delay for <br /> 1 which neither the Contractor nor the Owner is fmancially responsible to the other. Mislocated <br /> utility lines or utility lines not located are another example of a Delay for which neither the <br /> Contractor nor the Owner is responsible to the other. However,the Contractor's failure to request <br /> a utility locate or relocation in a timely way is not,and any resulting Delay would be the <br /> responsibility of the Contractor. Because the Contractor is responsible for ordering materials and <br /> Equipment,Contractor shall not be entitled to an adjustment of Contract Time or Contract Sum <br /> due to Delays caused by the lack of materials or Equipment. A strike,job action, slowdown, <br /> ' work to rule, or other job action or labor dispute or problem is not a Delay caused by a third party <br /> for the purposes of section 12.4.3 Delays. <br /> 12.4.3.4.1.2 Adjustment of Contract Time <br /> The Contractor shall be entitled to an extension of Contract Time for Delays caused solely by a <br /> third party for whom neither the Contractor nor the Owner is responsible, or for any Delay caused <br /> solely by earthquake,flood,natural disasters, acts of war or acts of terrorism. Extension of <br /> Contract Time shall be determined pursuant to 5.2.2.2 Extensions of Contract Time. <br /> 12.4.3.4.2 Caused Concurrently by Third Parties and Contractor or Owner <br /> If a Delay is caused concurrently by(a)a third party,earthquake,flood,natural disasters, acts of war <br /> or acts of terrorism and(b)either the Contractor or the Owner,then the Contractor or Owner is only <br /> responsible for the amount of Delay it caused in excess of the Delay caused by the a third party, <br /> ' earthquake,flood,natural disasters,acts of war or acts of terrorism. <br /> 12.4.3.4.2.1 Adjustment of Contract Sum <br /> The Contractor shall be entitled to an adjustment of Contract Sum for any Delay concurrently <br /> caused by a third party and the Owner,but only to the extent Contractor clearly and convincingly <br /> demonstrates that the Owner caused the Delay to be longer than it would have been had it been <br /> caused solely by the third party. <br /> 12.4.3.4.2.2 Adjustment of Contract Time <br /> 00 7200 - 45 GENERAL CONDITIONS <br />