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_ , <br /> � - ARTICLE 14 - DELAY IN PERFORMANCE I <br /> Except for Owner's payment obligation, neither Owner nor Design Professional shall be ' <br /> considered in default of this Agreement for delays in performance caused by circumstances <br /> beyond the reasonable control of the non-performing party. For purposes of this Agreement, , <br /> such circumstances include, but are not limited to: unusually severe weather conditions; floods; <br /> earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work <br /> slowdowns, and other labor disturbances; sabotage;judicial restraint; and inability to procure ' <br /> permits, licenses, or authorizations from any local, state, or federal agency for any of the <br /> supplies, materials, accesses, or services required to be provided by either Owner or Design <br /> Professional under this Agreement. ' <br /> Should such circumstances occur, the non-performing party shall, within a reasonable time of <br /> being prevented from performing, give written notice to the other party describing the ' <br /> circumstances preventing continued performance and the efforts being made to resume I' <br /> performance of this Agreement. Design Professional shall be entitled to an equitable adjustment ', <br /> in schedule and compensation in the event such circumstances occur. �' <br /> ARTICLE 15 - PRE-EXISTING CONTAMINATION I <br /> Anything herein to the contrary notwithstanding, title to, ownership of, and legal responsibility '�, <br /> and liability for any and all pre-existing contamination shall at all times remain with Owner. <br /> "Pre-existing contamination" is any hazardous or toxic substance, material, or condition present <br /> at the Project site or sites concerned which was not brought onto such site or sites by Design '' <br /> Professional for the exclusive benefit of Design Professional. Owner shall release, defend, ' <br /> indemnify, and hold Design Professional harmless from and against any and all liability which I, <br /> may in any manner arise from or be in any way directly or indirectly caused by such pre-existing <br /> contamination except if, and then only to the extent, such liability is caused by Design <br /> Professional's sole negligence or willful misconduct. <br /> 8 <br /> SL,W:DecaludCily of DccaWr Agrccmcnl <br /> �NI I(iJ.9JR5 <br /> S/15/Ol <br />