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ARTICLE 14 - DELAY IN PERFORMANCE <br /> Except for Owner's payment obligation, neither Owner nor Engineer shall be considered in <br /> default of this Agreement for delays in performance caused by circumstances beyond the <br /> reasonable control of the non-performing party. For purposes of this Agreement, such <br /> 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 Engineer <br /> 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 <br /> performance of this Agreement. Engineer shall be entitled to an equitable adjustment in schedule <br /> and compensation in the event such circumstances occur. <br /> ARTICLE 15 - PRE-EXISTING CONTAMINATION <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 Engineer <br /> for the exclusive benefit of Engineer. Owner shall release, defend, indemnify, and hold Engineer <br /> harmless from and against any and all liability which may in any manner arise from or be in any <br /> way directly or indirectly caused by such pre-existing contamination except if, and then only to <br /> the extent, such liability is caused by Engineer's sole negligence or willful misconduct. <br /> 8 <br /> SLW:Dccawr/Cily of Dccawr Agrccmcnt <br /> 9(11114.9485 <br /> 4/3tt11 <br />