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GENERAL CONDITIONS FOR WASHINGTON STATE FACILITY CONSTRUCTION <br />Part 3 <br />extension thereof expires. Contractor shall resume 6. Unusually severe weather conditions which <br />Work. could not have been reasonably anticipated; <br />and <br />D. Contractor shall be entitled to an equitable <br />adjustment in the Contract Time, or Contract <br />Sum, or both, for increases in the time or cost of <br />performance directly attributable to such <br />suspension, provided Contractor complies with all <br />requirements set forth in part 7. <br />3.04 OWNER'S RIGHT TO STOP THE WORK FOR <br />CAUSE <br />A. If Contractor fails or refuses to perform its <br />obligations in accordance with the Contract <br />Documents, Owner may order Contractor, in <br />writing, to stop the Work, or any portion thereof, <br />until satisfactory corrective action has been taken. <br />B. Contractor shall not be entitled to an equitable <br />adjustment in the Contract Time or Contract Sum <br />for any increased cost or time of performance <br />attributable to Contractor's failure or refusal to <br />perform or from any reasonable remedial action <br />taken by Owner based upon such failure. <br />3.05 DELAY <br />A. Any delay in or failure of performance by Owner <br />or Contractor, other than the payment of money, <br />shall not constitute a default hereunder if and to <br />the extent the cause for such delay or failure of <br />performance was unforeseeable and beyond the <br />control of the party ("Force Majeure"). Acts of <br />Force Majeure include, but are not limited to: <br />1. Acts of God or the public enemy, <br />2. Acts or omissions of any government entity; <br />3. Fire or other casualty for which Contractor is <br />not responsible; <br />4. Quarantine or epidemic; <br />5. Strike or defensive lockout; <br />7. Unusual delay in receipt of supplies or <br />products which were ordered and expedited <br />and for which no substitute reasonably <br />acceptable to Owner was available. <br />B. Contractor shall be entitled to an equitable <br />adjustment in the Contract Time for changes in <br />the time of performance directly attributable to an <br />act of Force Majeure, provided is makes a request <br />for equitable adjustment according to section 7.03. <br />Contractor shall not be entitled to an adjustment <br />in the Contract Sum resulting from an act of Force <br />Majeure. <br />C. Contractor shall be entitled to an equitable <br />adjustment in Contract Tune, and may be entitled <br />to an equitable adjustment in Contract Sum, if the <br />cost or time of Contractor's performance is <br />changed due to the fault or negligence of Owner, <br />provided the Contractor makes a request <br />according to sections 7.02 and 7.03. <br />D. Contractor shall not be entitled to an adjustment <br />in Contract Tune or in the Contract Sum for any <br />delay or failure of performance to the extent such <br />delay or failure was caused by Contractor or <br />anyone for whose acts Contractor is responsible. <br />E. To the extent any delay or failure of performance <br />was concurrently caused by the Owner and <br />Contractor, Contractor shall be entitled to an <br />adjustment in the Contract Time for that portion <br />of the delay or failure of performance that was <br />concurrently caused, provided it makes a request <br />for equitable adjustment according to section 7.03, <br />but shall not be entitled to an adjustment in <br />Contract Sum. <br />F. Contractor shall make all reasonable efforts to <br />prevent and mitigate the effects of any delay, <br />whether occasioned by an act of Force Majeure or <br />otherwise. <br />July 1, 1992 00700 - page 9 <br />