Common use of Inspection and Testing Clause in Contracts

Inspection and Testing. 3.23.1 MSG, Architect and Project Manager or their nominee may inspect the Work, on reasonable notice to Contractor at any time, including any inspection or test to determine whether the Work complies with the Drawings and Specifications. Inspections and tests by MSG, Architect or Project Manager shall not be constructed as acceptance of the Work nor a waiver of any of MSG’s rights under this Agreement. 3.23.2 Contractor shall develop a checking and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for the Work to the extent prepared by or on behalf of Contractor or provided to Contractor. 3.23.3 If the Contract Documents or Applicable Laws require any portion of the Work to be inspected, tested or approved, Contractor shall give MSG, Architect and Project Manager timely notice (but in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such inspection, testing or approval. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified in the Contract Documents, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents, Contractor shall correct such failure without recovery as a Cost of the Work and without an increase to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, and an appropriate Change Order shall be issued. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG, Architect A. All materials and Project Manager or their nominee may inspect equipment used in the Work, on reasonable notice to Contractor at any time, including any inspection or test to determine whether the Work complies with the Drawings and Specifications. Inspections and tests by MSG, Architect or Project Manager shall not be constructed as acceptance construction of the Work nor a waiver of any of MSG’s rights under this Agreementproject will be subject to adequate inspection and testing in accordance with generally accepted standards. 3.23.2 B. The Trade Contractor shall develop a checking give sufficient advance notice of placing orders to permit tests to be completed before materials are incorporated in the work. C. The Owner will provide all inspection and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections services required by the Contract Documents. Contractor shall cooperate with all other Persons providing , unless specifically noted in the contract specifications for special inspection and testing in connection with services, such as, by way of example, welding inspections on off-site assembly. D. Neither observations by the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findingsEngineer, and test reports for Owner, tests nor approvals by persons other than the Work Engineer and Owner will relieve the Trade Contractor from his obligations to perform the extent prepared by or on behalf of Contractor or provided to Contractor. 3.23.3 If the Contract Documents or Applicable Laws require any portion of the Work to be inspected, tested or approved, Contractor shall give MSG, Architect and Project Manager timely notice (but work in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such inspection, testing or approval. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified in the Contract Documents, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure of the Work to comply accordance with the requirements of the Contract Documentscontract documents. E. The Engineer, the Owner, and their representatives will at all times have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and Owner shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and Owner of equipment or materials during its manufacture will be performed by or for the Owner solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and Owner. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall correct provide proper facilities for such failure without recovery as a Cost access and observation of the Work work and without an increase also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, the Owner will have authority to reject materials or suspend the work until the question at issue can be decided by the Owner. The Owner is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion of the work, and to issue instructions contrary to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, drawings and an appropriate Change Order shall be issuedspecifications. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG(1) All materials and workmanship shall be subject to inspection, Architect examination and Project Manager testing by the Consultant and the Fund at all times during the performance of the work and at all places where the work is carried on. Except as otherwise herein specified, the Fund shall pay for the cost of inspection, examination and testing by the Consultant or their nominee may inspect the WorkFund. If, on reasonable notice however, the tests prove that the materials and/or work tested do not meet the requirements of the Contract, then the entire cost of such tests and any additional testing and or inspections required until the work is deemed compliant is to be borne by the Contractor. The Consultant will have the right to reject defective material and workmanship furnished by the Contractor or require its correction. The Contractor, without charge therefor, shall satisfactorily and promptly correct all rejected work and replace all rejected material with proper material. (2) The Contractor shall promptly segregate and remove from the site of the work all rejected material and work. If the Contractor shall fail to proceed at any time, including any inspection or test to determine whether the Work complies once with the Drawings replacing of rejected material and/or correction of defective workmanship, the Fund may, by contract or otherwise, replace such material and/or correct such workmanship, and Specifications. Inspections charge the costs thereof to the Contractor or it may cancel the Contract and tests by MSG, Architect or Project Manager shall not be constructed terminate the Contractor's employment as acceptance of provided in the Work nor a waiver of any of MSG’s rights under this Agreement. 3.23.2 Contractor (3) The Contractor, without additional charge, shall develop a checking promptly furnish all reasonable facilities, labor materials and equipment with associated operators necessary for the safe and convenient access, inspection and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections may be required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with Consultant or the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for the Work to the extent prepared by or on behalf of Contractor or provided to ContractorFund. 3.23.3 (4) If the Contract Documents or Applicable Laws the Consultant's instructions or the applicable laws, ordinances or regulations of any governmental authority require any portion part of the Work work covered by the Contract to be specially tested or inspected, tested or approved, the Contractor shall give MSG, Architect and Project Manager the Consultant timely notice (but in no event less than five of its readiness for such testing or inspection or, if the same is to be performed by a governmental authority, of the date fixed therefor. If any such work, without the written permission of the Consultant, should be covered up prior to such testing or inspection, the Contractor, at its sole cost and expense must, if directed by the Consultant, uncover the same for testing or inspection and reconstruct same after the tests or inspection are conducted. All certificates of inspection or testing, involving the Contractor's work, required to be obtained from governmental authorities are to be secured by the Contractor at its sole cost and expense. (5) Business Days) Should it be considered necessary or advisable by the Consultant at any time before final acceptance of the entire work to make an examination of work already completed by removing or tearing out same, the Contractor, upon request, shall furnish all necessary facilities, labor and material to perform such examination. If the work subject to such examination is found to be defective or nonconforming in any manner due to the fault of the Contractor or any of its readiness so Architectsubcontractors, MSG and/or Project Manager may observe such inspectionuncovering or destruction and necessary reconstruction, testing or approval. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval even though such includes work not identified covered in the Contract DocumentsContract, then Project Manager willshall be at the expense of the Contractor. If, upon written authorization from MSGhowever, instruct such work after testing and examination is found to be satisfactory, the Fund will pay the Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice the cost of such special inspectionuncovering or destruction and reconstruction, testing such cost to be determined as in the case of extra work as provided in Sections 4.02 and 4.05A. (6) Inspection of material and furnished articles to be incorporated in the work may be made at the place of production, manufacture or approvalshipment unless otherwise stated herein. If such special The inspection of material and workmanship for final acceptance as a whole or testing reveals a failure in part will be made at the site of the Work to comply with the requirements of the Contract Documents, Contractor shall correct such failure without recovery as a Cost of the Work and without an increase to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, and an appropriate Change Order shall be issuedwork. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG(a) All material and work in progress shall be subject to inspection and test at all times and places and, Architect and Project Manager or their nominee when practicable, during manufacture as Buyer may inspect the Work, on reasonable notice to Contractor at any time, including direct. If any inspection or test to determine test, whether the Work complies with the Drawings preliminary or final, is made on Seller's premises, Seller shall furnish, without additional charge, all reasonable facilities and Specifications. Inspections assistance for safe and convenient inspections and tests by MSG, Architect or Project Manager shall not be constructed as acceptance of the Work nor a waiver of any of MSG’s rights under this Agreement. 3.23.2 Contractor shall develop a checking and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections required by the Contract Documentsinspectors in the performance of their duty. Contractor All inspections and tests shall cooperate with all other Persons providing testing be performed in connection with such manner as will not unreasonably delay the Projectwork. Contractor Buyer shall keep an accurate record have the right to charge to Seller any additional cost of all tests, inspections conducted, findingsinspection and test when articles are not ready at the time inspection is requested by Seller. (b) Seller shall work within, and inspect to, tolerances and limitations specified on drawings and specifications covering the work and shall make such tests as are specified in the drawings or test reports specifications, unless deviation therefrom is authorized in writing by Buyer. (c) All shipments shall be subject to final inspection by Xxxxx after receipt by Buyer at destination. If material supplied or work performed by Seller is found to be defective, Buyer shall have the right to require prompt correction thereof either by Seller, at Seller's risk and expense, or, upon authorization from Seller, by Buyer in its own plant. Buyer may backcharge Seller for the Work cost of any corrections made by it. If correction of such work is impracticable, Seller shall bear all risk after notice of rejection and shall, if so requested by Xxxxx and at its own expense, promptly, make all necessary replacements. If Seller fails to make such replacements promptly, Buyer may, by contract or otherwise, make the extent prepared same and back charge to Seller the excess costs incurred by Buyer thereby, (d) Final inspection and acceptance by Buyer shall be conclusive except for latent defects, fraud, or on behalf of Contractor such gross mistakes as amount to fraud or for any rights provided to Contractor. 3.23.3 If the Contract Documents or Applicable Laws require by any portion warranty of the Work to be inspected, tested or approved, Contractor shall give MSG, Architect and Project Manager timely notice (but in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such inspection, testing or approvalproduct. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified in the Contract Documents, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents, Contractor shall correct such failure without recovery as a Cost of the Work and without an increase to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, and an appropriate Change Order shall be issued. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG23.01 If the underlying Contract Documents or any laws, Architect and Project Manager rules, ordinances or their nominee may inspect the Workregulations of any federal, on reasonable notice to Contractor at any time, including any inspection state or test to determine whether local governmental authorities having jurisdiction over the Work complies with the Drawings and Specifications. Inspections and tests by MSGrequire that any Work be inspected or tested, Architect or Project Construction Manager shall not be constructed as acceptance give Owner and Architect timely notice of readiness of the Work nor for inspection or testing and the date fixed for such inspection or testing. Owner or Consultants shall perform all controlled inspections. (a) Whenever, in the opinion of Owner, it is desirable to require special inspection or testing of the Work or its individual components, Owner shall have authority to do so whether or not such Work is then fabricated, installed, covered or completed. All costs incurred in connection with such special inspection or testing shall be a Reimbursable Cost by the issuance of a Change Order unless it reveals a test failure as a result of the acts or omissions of Construction Manager in which event, Construction Manager shall bear, all costs of such special inspection or testing, including and without limitation without increase to GMP. All Trade Contracts shall provide that if a test failure is a result of the acts or omissions of a Trade Contractor then that Trade Contractor shall bear, at its sole cost and expense, all such costs of special inspection or testing. No inspection performed or failed to be performed by Owner hereunder shall be deemed a waiver of any of MSGConstruction Manager’s rights under this Agreementobligations hereunder or be construed as an approval or acceptance of the Work or any part thereof. 3.23.2 Contractor shall develop (b) In the event of a checking test failure of any item of the Work, Owner may require inspection or testing of any or all of the other similar items of the Work. The costs and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance expenses incurred by MSG. Such checking and testing procedure shall include all tests and inspections required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing Construction Manager in connection with the Project. Contractor such inspection or testing set forth in this Section 23.02(b) shall keep an accurate record be a cost of all tests, inspections conducted, findings, and test reports for the Work unless (i) the test failure prompting such additional testing or inspection was a result of the acts or omissions of Construction Manager or the failure of Construction Manager to comply with the extent prepared provisions of this Agreement or (ii) such additional testing or inspection results in a test failure which results from the acts or omissions of Construction Manager, in which event, Construction Manager shall bear, at its sole cost and expense, all costs of such additional inspection or testing, including, without. All Trade Contracts shall provide that in the event of a test failure of any term of the Work the costs and expenses incurred in connection with such testing or inspection shall be borne by or on behalf of Contractor or provided to the responsible Trade Contractor. 3.23.3 23.03 If the Contract Documents any Work shall be covered or Applicable Laws require any portion of the Work concealed by Construction Manager or permitted to be inspectedcovered or concealed by Construction Manager, tested contrary to the written request of Owner or approved, Contractor shall give MSG, Architect and Project Manager timely notice (but in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such inspection, testing or approval. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified in the Contract Documents, then Project Manager willsuch Work, upon written authorization from MSGif required by Owner or Architect, instruct Contractor to shall be uncovered for examination, inspection or testing at Construction Manager’s sole cost and expense. If any such test results are below specified minimums, Owner may order such special inspection, uncoveringadditional examination, testing or approvalinspection. Such additional examination, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure shall be at Construction Manager sole cost and expense if Construction Manager knew of such request and failed to advise the appropriate Trade Contractor. Should Architect or Owner have reason to believe that defects exist in any Work which has already been covered or concealed, although no request not to cover or conceal such Work had been previously made by Owner or Architect such Work, if required by Owner, be promptly uncovered by Construction Manager and subjected to such tests, inspection or examination as may be deemed appropriate by Owner or Architect. In such case, the provisions of Sections 23.02(a) and (b) shall control with respect to the costs associated with such uncovering. 23.04 Any Work not approved by Owner or Architect in accordance with the terms of this Agreement shall immediately be reconstructed, made good, replaced or corrected by Construction Manager, the responsible Trade Contractor, or another Trade Contractor to be retained by Construction Manager, including portions of the Work destroyed or damaged by such removal or replacement, at Construction Manager’s or the responsible Trade Contractor’s sole cost and expense, to the extent the same is caused by, or results respectively from, Construction Manager’s or its Trade Contractors’ acts or omissions or the failure of either of the foregoing to comply with the requirements provisions of this Agreement or the Trade Contract, respectively. All rejected materials shall be removed from the Project site, within a reasonable period of time. Acceptance of materials and workmanship by Owner shall not relieve Construction Manager or any Trade Contractor from their liability for or obligation to replace all Work which is not in full compliance with the underlying Contract Documents. 23.05 At Owner’s option, Contractor shall correct such failure without recovery Owner may accept defective or nonconforming Work or materials, instead of requiring its removal, correction or replacement, as a Cost of the Work and without an increase to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costscase may be, and an appropriate a Change Order shall be issued. 3.23.5 Required certificates issued to reflect a reduction in the Trade Contract price, in an amount equal to the aggregate cost of inspection, testing labor and materials which would have been incurred by the responsible Trade Contractor if Owner had required said Trade Contractor to repair or approval replace such defective nonconforming Work in accordance with the terms of the Trade Contract. Such adjustment shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architecteffected whether or not final payment has been made.

Inspection and Testing. 3.23.1 MSG23.01 If the underlying Contract Documents or any laws, Architect and Project Manager rules, ordinances or their nominee may inspect the Workregulations of any Federal, on reasonable notice to Contractor at any time, including any inspection State or test to determine whether local governmental authorities having jurisdiction over the Work complies with the Drawings require that any Work be inspected or tested, Contractor shall give Owner and Specifications. Inspections and tests by MSG, Architect or Project Manager shall not be constructed as acceptance timely notice of readiness of the Work nor for inspection or testing and the date fixed for such inspection or testing. Owner shall perform all controlled inspections. (a) Whenever, in the opinion of Owner, it is desirable to require special inspection or testing of the Work or its individual components, Owner shall have authority to do so whether or not such Work is then fabricated, installed, covered or completed. All costs incurred in connection with such special inspection or testing shall be a Reimbursable Cost by the issuance of a Change Order unless it reveals a test failure as a result of the acts or omissions of Contractor in which event, Contractor shall bear, all costs of such special inspection or testing, including and without limitation without increase to GMP. All Trade Contracts shall provide that if a test failure is a result of the acts or omissions of a Trade Contractor then that Trade Contractor shall bear, at its sole cost and expense, all such costs of special inspection or testing. No inspection performed or failed to be performed by Owner hereunder shall be deemed a waiver of any of MSGContractor’s rights under this Agreementobligations hereunder or be construed as an approval or acceptance of the Work or any part thereof. 3.23.2 (b) In the event of a test failure of any item of the Work, Owner may require inspection or testing of any or all of the other similar items of the Work. The costs and expenses incurred by Contractor shall develop a checking and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with the Project. Contractor such inspection or testing set forth in this Section 23.02(b) shall keep an accurate record be a cost of all tests, inspections conducted, findings, and test reports for the Work to unless (i) the extent prepared by test failure prompting such additional testing or on behalf inspection was a result of the acts or omissions of Contractor or provided the failure of Contractor to comply with the provisions of this Agreement or (ii) such additional testing or inspection results in a test failure which results from the acts or omissions of Contractor, in which event, Contractor shall bear, at its sole cost and expense, all costs of such additional inspection or testing. All Trade Contracts shall provide that in the event of a test failure of any term of the Work the costs and expenses incurred in connection with such testing or inspection shall be borne by the responsible Trade Contractor. 3.23.3 23.03 If the Contract Documents any Work shall be covered or Applicable Laws require any portion of the Work concealed by Contractor or permitted to be inspectedcovered or concealed by Contractor, tested contrary to the written request of Owner or approved, Contractor shall give MSG, Architect and Project Manager timely notice (but in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such inspection, testing or approval. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified in the Contract Documents, then Project Manager willsuch Work, upon written authorization from MSGif required by Owner or Architect, instruct Contractor to shall be uncovered for examination, inspection or testing at Contractor’s sole cost and expense. If any such test results are below specified minimums, Owner may order such special inspection, uncoveringadditional examination, testing or approvalinspection. Such additional examination, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure shall be at Contractor sole cost and expense if Contractor knew of such request and failed to advise the appropriate Trade Contractor. Should Architect or Owner have reason to believe that defects exist in any Work which has already been covered or concealed, although no request not to cover or conceal such Work had been previously made by Owner or Architect such Work, if required by Owner, be promptly uncovered by Contractor and subjected to such tests, inspection or examination as may be deemed appropriate by Owner, Engineer or Architect. In such case, the provisions of Sections 24.02(a), (b) and (c) shall control with respect to the costs associated with such uncovering. 23.04 Any Work not approved by Owner or Architect in accordance with the terms of this Agreement shall immediately be reconstructed, made good, replaced or corrected by Contractor, the responsible Trade Contractor, or another Trade Contractor to be retained by Contractor, including portions of the Work destroyed or damaged by such removal or replacement, at Contractor’s or the responsible Trade Contractor’s sole cost and expense, to the extent the same is caused by, or results respectively from, Contractor’s or its Trade Contractors’ acts or omissions or the failure of either of the foregoing to comply with the requirements provisions of this Agreement or the Trade Contract, respectively. All rejected materials shall be removed from the Project site, within a reasonable period of time. Acceptance of materials and workmanship by Owner shall not relieve Contractor or any Trade Contractor from their liability for or obligation to replace all Work which is not in full compliance with the underlying Contract Documents. 23.05 At Owner’s option, Contractor shall correct such failure without recovery Owner may accept defective or nonconforming Work or materials, instead of requiring its removal, correction or replacement, as a Cost of the Work and without an increase to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costscase may be, and an appropriate a Change Order shall be issuedissued to reflect a reduction in the Trade Contract price, in an amount equal to the aggregate cost of labor and materials which would have been incurred by the responsible Trade Contractor if Owner had required said Trade Contractor to repair or replace such defective nonconforming Work in accordance with the terms of the Trade Contract. Such adjustment shall be effected whether or not final payment has been made. 3.23.5 Required certificates 23.06 Owner’s Consultants shall perform Controlled Inspection, as defined by the Building Code of inspectionthe City/Town of Hanover, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and ArchitectNew Jersey (“Code”).

Inspection and Testing. 3.23.1 MSG, Architect 28.1 All materials and Project Manager or their nominee may inspect equipment used in the Work, on reasonable notice to Contractor at any time, including any inspection or test to determine whether the Work complies with the Drawings and Specifications. Inspections and tests by MSG, Architect or Project Manager shall not be constructed as acceptance construction of the Work nor a waiver of any of MSG’s rights under this AgreementPROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the CONTRACT DOCUMENTS. 3.23.2 Contractor 28.2 The OWNER shall develop a checking provide all inspection and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections services not required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for the Work to the extent prepared by or on behalf of Contractor or provided to ContractorCONTRACT DOCUMENTS. 3.23.3 28.3 The CONTRACTOR shall provide at his expense the testing and inspection services required by the CONTRACT DOCUMENTS. 28.4 If the Contract Documents CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or Applicable Laws orders of any public authority having jurisdiction require any portion of the Work WORK to specifically be inspected, tested tested, or approvedapproved by someone other than the CONTRACTOR, Contractor shall the CONTRACTOR will give MSG, Architect and Project Manager the ENGINEER timely notice (but in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such readiness. The CONTRACTOR will then furnish the ENGINEER the required certificates of inspection, testing or approval. 3.23.4 If MSG28.5 Inspections, Architect tests or Project Manager determines that any Work requires special inspection, uncovering, testing approvals by the ENGINEER or approval others shall not identified relieve the CONTRACTOR from his obligations to perform the WORK in the Contract Documents, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure of the Work to comply accordance with the requirements of the Contract DocumentsCONTRACT DOCUMENTS. 28.6 The ENGINEER and his representatives will at all times have access to the WORK. In addition, Contractor authorized representatives and agents of any participating Federal or state agency shall correct be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide proper facilities for such failure without recovery as a Cost access and observation of the Work WORK and without also for any inspection, or testing thereof. 28.7 If any WORK is covered contrary to the written instructions of the ENGINEER it must, if requested by the ENGINEER, be uncovered for his observation and replaced at the CONTRACTOR'S expense. 28.8 If the ENGINEER considers it necessary or advisable that covered WORK be inspected or tested by others, the CONTRACTOR, at the ENGINEER'S request, will uncover, expose or otherwise make available for observation, inspection or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such WORK is not found to be defective, the CONTRACTOR will be allowed an increase to in the Incentive Benchmark CONTRACT PRICE or an adjustment extension of the CONTRACT TIME, or both, directly attributable to the Substantial Completion Date; otherwise MSG shall bear such costsuncovering, exposure, observation, inspection, testing and reconstruction and an appropriate Change Order CHANGE ORDER shall be issued. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG, Architect All materials and Project Manager or their nominee may inspect the Work, on reasonable notice to Contractor at any time, including any inspection or test to determine whether the Work complies with the Drawings and Specifications. Inspections and tests by MSG, Architect or Project Manager shall not be constructed as acceptance every part of the Work nor shall be subject to inspection and testing by Owner. Owner and the Oversight Engineer shall be allowed access to all parts of the Work and shall be furnished with information and assistance by Contractor as required to make a waiver of complete and detailed inspection and perform any of MSG’s rights under this Agreement. 3.23.2 testing that such entity may deem appropriate. Prior to Substantial Completion, Contractor shall develop a checking and testing procedureremove or uncover such portions of the finished Work as directed. After examination by Owner or the Oversight Engineer, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for restore the Work to the extent prepared standard required by or on behalf of Contractor or provided to Contractor. 3.23.3 this Contract. If the Contract Documents Work thus exposed or Applicable Laws require any portion of the Work examined conforms to be inspected, tested or approved, Contractor shall give MSG, Architect and Project Manager timely notice (but in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such inspection, testing or approval. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified in the Contract Documents, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract DocumentsContract, Contractor shall correct such failure without recovery uncovering, removing, and restoring the Work will be paid for as a part of the Cost of the Work. If the Work and without an increase exposed or examined does not conform to the Incentive Benchmark requirements of the Contract, uncovering, removing, and restoring the Work shall not be part of the Cost of the Work. Any Work done or materials used without inspection by an adjustment authorized Owner representative may be ordered uncovered, removed, or restored at Contractor's expense unless Owner's representative failed to inspect the Work after having been given, reasonable notice in writing that the Work was to be performed. All inspections and all tests conducted by Owner or the Oversight Engineer are for the convenience and benefit of the Owner or the Oversight Engineer. These inspections, tests or any payment do not constitute acceptance of the materials, Work tested or Work inspected. Owner may reject or accept any Work or materials at any time prior to Substantial Completion Date; otherwise MSG shall bear such costs, and an appropriate Change Order shall be issuedwhether or not previous inspections or tests were conducted by Owner or the Oversight Engineer. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG, Architect A. All materials and Project Manager or their nominee may inspect equipment used in the Work, on reasonable notice to Contractor at any time, including any inspection or test to determine whether the Work complies with the Drawings and Specifications. Inspections and tests by MSG, Architect or Project Manager shall not be constructed as acceptance construction of the Work nor a waiver of any of MSG’s rights under this Agreementproject will be subject to adequate inspection and testing in accordance with generally accepted standards. 3.23.2 B. The Trade Contractor shall develop a checking give sufficient advance notice of placing orders to permit tests to be completed before materials are incorporated in the work. C. NURA will provide all inspection and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections services required by the Contract Documents. Contractor shall cooperate with all other Persons providing , unless specifically noted in the contract specifications for special inspection and testing in connection with services, such as, by way of example, welding inspections on off-site assembly. X. Xxxxxxx observations by the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findingsEngineer, and test reports for XXXX, tests nor approvals by persons other than the Work Engineer and NURA will relieve the Trade Contractor from his obligations to perform the extent prepared by or on behalf of Contractor or provided to Contractor. 3.23.3 If the Contract Documents or Applicable Laws require any portion of the Work to be inspected, tested or approved, Contractor shall give MSG, Architect and Project Manager timely notice (but work in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such inspection, testing or approval. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified in the Contract Documents, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure of the Work to comply accordance with the requirements of the Contract Documentscontract documents. E. The Engineer, NURA, and their representatives will at all times have access to the work and to locations where materials or equipment are being manufactured, stored, or prepared for use under these contract documents, and they shall have full facilities for unrestricted inspection of such materials, equipment, and work including full access to purchasing and engineering information, but not including prices, to the extent of uncovering, testing, or removing portions of the finished work. The Engineer and NURA shall be furnished with such information as may be required regarding materials used and the process of manufacture for the various items of equipment. Inspections by the Engineer and NURA of equipment or materials during its manufacture will be performed by or for NURA solely in an effort to detect discrepancies and defects as early as possible, when they can be most readily corrected, and the work thereby expedited. No acceptance of equipment or materials will be construed to result from such shop inspections by the Engineer and NURA. Any inspections or tests or waivers thereof will not relieve the Trade Contractor of responsibility for meeting all requirements of these contract documents. F. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Trade Contractor shall correct provide proper facilities for such failure without recovery as a Cost access and observation of the Work work and without an increase also for any inspection or testing thereof. G. In case of disputes between the Trade Contractor and the Engineer as to materials furnished or manner of performing the work, XXXX will have authority to reject materials or suspend the work until the question at issue can be decided by XXXX. NURA is authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, and to approve or accept any portion of the work, and to issue instructions contrary to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, drawings and an appropriate Change Order shall be issuedspecifications. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG, Architect 7.1 All materials and Project Manager or their nominee may inspect equipment in the Work, on reasonable notice to Contractor at any time, including any inspection or test to determine whether the Work complies with the Drawings and Specifications. Inspections and tests by MSG, Architect or Project Manager shall not be constructed as acceptance construction of the Work nor a waiver of any of MSG’s rights under this AgreementPROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the CONTRACT DOCUMENTS. 3.23.2 Contractor 7.2 The OWNER shall develop a checking provide all inspection and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections services not required by the Contract Documents. Contractor CONTRACT DOCUMENTS. 7.3 The CONTRACTOR shall cooperate with all other Persons providing provide at its expense the testing in connection with and inspection services required by the Project. Contractor CONTRACT DOCUMENTS and shall keep an accurate record of all tests, inspections conducted, findings, furnish results and test reports for the Work findings to the extent prepared by or on behalf of Contractor or provided to ContractorENGINEER. 3.23.3 7.4 If the Contract Documents CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or Applicable Laws orders of any public authority having jurisdiction require any portion of the Work WORK to specifically be inspected, tested tested, or approvedapproved by someone other than the CONTRACTOR, Contractor shall the CONTRACTOR will give MSG, Architect and Project Manager the ENGINEER timely notice (but in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such readiness. The CONTRACTOR will then furnish the ENGINEER the required certificates of inspection, testing or approval. 3.23.4 If MSG7.5 Inspections, Architect tests or Project Manager determines that any Work requires special inspection, uncovering, testing approvals by the ENGINEER or approval others shall not identified relieve the CONTRACTOR from the obligation to perform the WORK in the Contract Documents, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure of the Work to comply accordance with the requirements of the Contract DocumentsCONTRACT DOCUMENTS. Should inspections or tests reveal defective WORK, Contractor the defective WORK shall correct be promptly remedied by CONTRACTOR at its expense and unsuitable materials shall be rejected/removed, notwithstanding that such failure without recovery as a Cost WORK and materials have been previously overlooked, accepted or paid for. If the WORK or any part thereof shall be found defective at any time before the final acceptance of the Work whole WORK, the CONTRACTOR shall forthwith cure, remedy and make good such defect in a manner satisfactory to the ENGINEER, at CONTRACTOR’s sole cost and expense. Nothing in this CONTRACT shall be construed as vesting in the CONTRACTOR any right or property in the materials used after they have been attached or affixed to the WORK or the soil but all such materials shall, upon being so attached or affixed, become the property of the OWNER. 7.6 All portions of the WORK determined by the ENGINEER as failing to conform to the CONTRACT DOCUMENTS shall be taken down and removed and the CONTRACTOR shall promptly replace and re-execute the same in accordance therewith and without expense to the OWNER, and bear the expense of making good all WORK or property of other Contractors or of the OWNER destroyed or damaged by such removal or replacement. 7.7 The ENGINEER and its representatives will at all times have access to the WORK. In addition, authorized representatives and agents of any participating federal or STATE agency shall be permitted to inspect all WORK, materials, payroll, records of personnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide proper facilities for such access and observation of the WORK and also for any inspection or testing thereof. 7.8 If any WORK is covered contrary to the written instructions of the ENGINEER, it must, if requested by the ENGINEER, be uncovered for their observation and replaced at the CONTRACTOR's expense. 7.9 If the ENGINEER considers it necessary or advisable that covered WORK be inspected or tested by others, the CONTRACTOR, at the ENGINEER's request, will uncover, expose, or otherwise make available for observation, inspection or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all expenses of such uncovering, exposure, observation, inspection, and testing and of satisfactory reconstruction. If, however, such WORK is found not to be defective, the CONTRACTOR will be allowed an increase to in the Incentive Benchmark CONTRACT PRICE or an adjustment extension of the CONTRACT TIME, or both, directly attributed to the Substantial Completion Date; otherwise MSG shall bear such costsuncovering, exposure, observation, inspection, testing and reconstruction and an appropriate Change Order CHANGE ORDER shall be issued. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG(1) All materials and workmanship shall be subject to inspection, Architect examination and Project Manager testing by the Consultant and the Fund at all times during the performance of the work and at all places where the work is carried on. Except as otherwise herein specified, the Fund shall pay for the cost of inspection, examination and testing by the Consultant or their nominee may inspect the WorkFund. If, on reasonable notice however, the tests prove that the materials and/or work tested do not meet the requirements of the Contract, then the entire cost of such tests is to be borne by the Contractor. The Consultant will have the right to reject defective material and workmanship furnished by the Contractor or require its correction. The Contractor, without charge therefor, shall satisfactorily and promptly correct all rejected work and replace all rejected material with proper material. (2) The Contractor shall promptly segregate and remove from the site of the work all rejected material and work. If the Contractor shall fail to proceed at any time, including any inspection or test to determine whether the Work complies once with the Drawings replacing of rejected material and/or correction of defective workmanship, the Fund may, by contract or otherwise, replace such material and/or correct such workmanship, and Specifications. Inspections charge the costs thereof to the Contractor or it may cancel the Contract and tests by MSG, Architect or Project Manager shall not be constructed terminate the Contractor's employment as acceptance of provided in the Work nor a waiver of any of MSG’s rights under this Agreement. 3.23.2 Contractor (3) The Contractor, without additional charge therefor, shall develop a checking promptly furnish all reasonable facilities, labor and materials necessary for the safe and convenient inspection and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections may be required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with Consultant or the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for the Work to the extent prepared by or on behalf of Contractor or provided to ContractorFund. 3.23.3 (4) If the Contract Documents or Applicable Laws the Consultant's instructions or the applicable laws, ordinances or regulations of any governmental authority require any portion part of the Work work covered by the Contract to be specially tested or inspected, tested or approved, the Contractor shall give MSG, Architect and Project Manager the Consultant timely notice (but in no event less than five of its readiness for such testing or inspection or, if the same is to be performed by a governmental authority, of the date fixed therefor. If any such work, without the written permission of the Consultant, should be covered up prior to such testing or inspection, the Contractor, at its sole cost and expense must, if directed by the Consultant, uncover the same for testing or inspection and reconstruct same after the tests or inspection are conducted. All certificates of inspection or testing, involving the Contractor's work, required to be obtained from governmental authorities are to be secured by the Contractor at its sole cost and expense. (5) Business Days) Should it be considered necessary or advisable by the Consultant at any time before final acceptance of the entire work to make an examination of work already completed by removing or tearing out same, the Contractor, upon request, shall furnish all necessary facilities, labor and material to perform such examination. If the work subject to such examination is found to be defective or nonconforming in any manner due to the fault of the Contractor or any of its readiness so Architectsubcontractors, MSG and/or Project Manager may observe such inspectionuncovering or destruction and necessary reconstruction, even though such includes work not covered in the Contract, shall be at the expense of the Contractor. If, however, such work after testing and examination is found to be satisfactory, the Fund will pay the Contractor the cost of such uncovering or approvaldestruction and reconstruction, such cost to be determined as in the case of extra work as provided in Section 4.02. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified (6) Inspection of material and furnished articles to be incorporated in the Contract Documentswork may be made at the place of production, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing manufacture or approval, shipment unless otherwise stated herein. The inspection of material and Contractor shall give notice of such special inspection, testing workmanship for final acceptance as a whole or approval. If such special inspection or testing reveals a failure in part will be made at the site of the Work to comply with the requirements of the Contract Documents, Contractor shall correct such failure without recovery as a Cost of the Work and without an increase to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, and an appropriate Change Order shall be issuedwork. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG(a) Contractor shall perform all inspection, Architect sampling and Project Manager testing necessary to ensure and demonstrate compliance with the Contract Documents. Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the Work performed conforms to the requirements in the Contract Documents. Contractor shall maintain complete inspection records and make them available to Owner. (b) Contractor shall prepare and submit for Owner’s approval a Quality Management System developed in accordance with Section 014000 of the Division 1 Specifications. (c) Tests, inspections and approvals of portions of the Work required by the Contract Documents or their nominee Laws, Regulations and Ordinances shall be made at appropriate times. Unless otherwise provided in the Contract Documents, Contractor shall make arrangements in accordance with the Contract Documents for such tests, inspections and approvals and shall bear all related costs of such tests, inspections and approvals. Owner has the right to observe any inspections, tests, or approvals required under the Contract Documents. Contractor shall give Owner, Owner’s authorized agents, and any other Person and/or Entity designated by Owner, timely notice of when and where tests, inspections and approvals are to be made so they may inspect observe such procedures. (d) Each part or detail of the Work, on including but not limited to equipment and materials, shall also be subject to inspection and testing by Owner at all reasonable notice times. Owner shall have the right to reject Work which does not conform with the Contract Documents. Contractor at shall immediately stop the affected Work and correct non-conformance items or obtain Owner’s written concurrence that the Work may proceed and the non-conformance corrected within a specific time. Certificates of inspection, testing or approval required under the express terms of the Contract Documents shall be secured by Contractor and promptly delivered to Owner. (e) If, after the commencement of the Work, Owner determines that any timeWork requires special testing, including any inspection or test approval which is not required by the Contract Documents or Laws, Regulations and Ordinances, Owner will instruct Contractor to determine whether order such special testing, inspection, or approval. If the Work fails to comply with the Contract Documents or Laws, Regulations and Ordinances, Contractor shall bear all costs of such special testing, inspection or approval. If the Work complies with the Drawings Contract Documents and Specifications. Inspections Laws, Regulations and tests by MSGOrdinances, Architect Contractor shall be entitled to an appropriate Change Order for the costs and/or schedule impact of such special testing, inspection or Project Manager approval, provided that Contractor satisfies the requirements of Articles 13 and 19. (f) At all times before Substantial Completion, Contractor shall not be constructed as acceptance remove or uncover such portions of the finished construction Work nor a waiver of as directed by Xxxxx. After examination by any of MSG’s rights under this Agreement. 3.23.2 Person and/or Entity designated by Owner, Contractor shall develop a checking and testing procedure, subject restore the Work to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections the standard required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for If the Work to the extent prepared by exposed or on behalf of Contractor or provided to Contractor. 3.23.3 If the Contract Documents or Applicable Laws require any portion of the Work to be inspected, tested or approved, Contractor shall give MSG, Architect and Project Manager timely notice (but examined is not in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such inspection, testing or approval. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified in the Contract Documents, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure of the Work to comply conformance with the requirements of the Contract Documents, then: (1) uncovering, removing and restoring the Work; and (2) delays occasioned thereby and, if applicable, recovery of any such delay, shall be the sole responsibility of Contractor. Prior to the start of construction, Owner and Contractor shall correct meet to determine the general types of construction activities or other items of Work that Owner wishes to inspect. Any Work done without prior inspection by Owner after receipt of such failure without recovery notice may be ordered uncovered, removed or restored at Contractor’s sole cost even if the Work proves acceptable after uncovering. Except with respect to Work done contrary to Owner’s inspection requirements as a Cost described in the foregoing sentence, if Work exposed or examined under this Section 4.2.2 is in conformance with the requirements of the Work and without an increase Contract Documents, then Contractor shall be entitled to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, and an appropriate Change Order shall be issuedfor the cost of such efforts and a time extension, provided Contractor satisfies the requirements of Articles 13 and 19. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG, Architect and Project Manager or their nominee may inspect the Work, on reasonable notice to Contractor at any time, including any inspection or test to determine whether the Work complies with the Drawings and Specifications. Inspections and tests by MSG, Architect or Project Manager shall not be constructed as acceptance of the Work nor a waiver of any of MSG’s rights under this Agreement. 3.23.2 Contractor shall develop a checking and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for the Work to the extent prepared by or on behalf of Contractor or provided to Contractor. 3.23.3 23.01 If the underlying Contract Documents or Applicable Laws require any portion laws, rules, ordinances or regulations of any federal, state or local governmental authorities having jurisdiction over the Work to require that any Work be inspected, tested inspected or approvedtested, Contractor shall give MSG, Owner and Architect and Project Manager timely notice (but in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe of the Work for inspection or testing and the date fixed for such inspection, testing inspection or approvaltesting. Owner shall perform all controlled inspections. 3.23.4 If MSG(a) Whenever, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified in the Contract Documentsopinion of Owner, it is desirable to require special inspection or testing of the Work or its individual components, Owner shall have authority to do so whether or not such Work is then Project Manager willfabricated, upon written authorization from MSGinstalled, instruct Contractor to order such special inspection, uncovering, testing covered or approval, and Contractor shall give notice of such special inspection, testing or approvalcompleted. If All costs incurred in connection with such special inspection or testing shall be a Reimbursable Cost by the issuance of a Change Order unless it reveals a test failure as a result of the acts or omissions of Contractor in which event, Contractor shall bear, all costs of such special inspection or testing, including and without limitation without increase to GMP. All Trade Contracts shall provide that if a test failure is a result of the acts or omissions of a Trade Contractor then that Trade Contractor shall bear, at its sole cost and expense, all such costs of special inspection or testing. No inspection performed or failed to be performed by Owner hereunder shall be deemed a waiver of any Contractor’s obligations hereunder or be construed as an approval or acceptance of the Work or any part thereof. (b) In the event of a test failure of any item of the Work, Owner may require inspection or testing of any or all of the other similar items of the Work. The costs and expenses incurred by Contractor in connection with such inspection or testing set forth in this Section 23.02(b) shall be a cost of the Work unless (i) the test failure prompting such additional testing or inspection was a result of the acts or omissions of Contractor or the failure of Contractor to comply with the requirements provisions of this Agreement or (ii) such additional testing or inspection results in a test failure which results from the acts or omissions of Contractor, in which event, Contractor shall bear, at its sole cost and expense, all costs of such additional inspection or testing. All Trade Contracts shall provide that in the event of a test failure of any term of the Work the costs and expenses incurred in connection with such testing or inspection shall be borne by the responsible Trade Contractor. 23.03 If any Work shall be covered or concealed by Contractor or permitted to be covered or concealed by Contractor, contrary to the written request of Owner or Architect or the Contract Documents, such Work, if required by Owner or Architect, shall be uncovered for examination, inspection or testing at Contractor’s sole cost and expense. If any such test results are below specified minimums, Owner may order additional examination, testing or inspection. Such additional examination, inspection or testing shall be at Contractor’s sole cost and expense if Contractor knew of such request and failed to advise the appropriate Trade Contractor. Should Architect or Owner have reason to believe that defects exist in any Work which has already been covered or concealed, although no request not to cover or conceal such Work had been previously made by Owner or Architect, such Work, if required by Owner, shall correct be promptly uncovered by Contractor and subjected to such failure without recovery tests, inspection or examination as a Cost may be deemed appropriate by Owner or Architect. In such case, the provisions of Section 23.02(a) and (b) shall control with respect to the costs associated with such uncovering. 23.04 Any Work not approved by Owner or Architect in good faith and in accordance with the terms of this Agreement shall immediately be reconstructed, made good, replaced or corrected by Contractor, the responsible Trade Contractor, or another Trade Contractor to be retained by Contractor, including portions of the Work destroyed or damaged by such removal or replacement, at Contractor’s or the responsible Trade Contractor’s sole cost and without an increase expense, to the Incentive Benchmark extent the same is caused by, or an adjustment results respectively from, Contractor’s or its Trade Contractors’ acts or omissions or the failure of either of the foregoing to comply with the Substantial Completion Date; otherwise MSG provisions of this Agreement or the Trade Contract, respectively. All rejected materials shall bear such costsbe removed from the Project Site, within a reasonable period of time. Acceptance of materials and workmanship by Owner shall not relieve Contractor or any Trade Contractor from their liability for or obligation to replace all Work which is not in full compliance with the underlying Contract Documents. 23.05 At Owner’s option, Owner may accept defective or nonconforming Work or materials, instead of requiring its removal, correction or replacement, as the case may be, and an appropriate a Change Order shall be issuedissued to reflect a reduction in the Trade Contract price, in an amount equal to the aggregate cost of labor and materials which would have been incurred by the responsible Trade Contractor if Owner had required said Trade Contractor to repair or replace such defective nonconforming Work in accordance with the terms of the Trade Contract. Such adjustment shall be effected whether or not final payment has been made. 3.23.5 Required certificates 23.06 Owner’s Consultants shall perform Controlled Inspection, as defined by the Building Code of inspectionthe City/Town of Hanover, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and ArchitectNew Jersey (“Code”).

Inspection and Testing. 3.23.1 MSG5.1 At any time before delivery or performance of the Works (as applicable), Architect and Project Manager the Company (or their the Company's customer or any other representative or nominee of the Company) may inspect or test the Work, on reasonable notice to Contractor Works at any timereasonable time and the Supplier shall arrange for reasonable facilities at and access to all premises where such Works are located upon request. 5.2 If, including any after such inspection or test to determine whether testing of the Work complies Works as specified in Condition 5.1, the Company (or the Company's customer or any representative or nominee of the Company) are of the reasonable opinion that the Works do not or shall not conform with the Drawings Agreement or any specifications or patterns supplied or advised by the Company to the Supplier, the Company shall inform the Supplier and Specificationsthe Supplier must immediately take such action as is necessary to ensure conformity therewith. 5.3 If the Supplier does not immediately take such action as may be necessary to ensure conformity under Condition 5.2, the Company may, without prejudice to any other right or remedy that it may have, cancel the relevant Order or any part or parts of it or terminate this Agreement without any further liability to the Supplier, and where replacement Works are required, the Supplier shall bear the cost of any reasonable expenses incurred by the Company in relation thereto. 5.4 The Supplier shall promptly provide the Company with such certificate of conformity or other test results or certificates as the Company or its customers may reasonably require from time to time. 5.5 The Supplier shall give the Company adequate notice of any Works testing which the Supplier may conduct. Inspections and tests The Company shall be entitled to attend such Works testing if it gives the Supplier reasonable notice. 5.6 Any inspection, testing, attendance or receipt of test results or certificates by MSG, Architect the Company (or Project Manager the Company's customer or any representative or nominee of the Company) shall not be constructed as relieve the Supplier of any obligation or liability under the Agreement or any applicable law and shall not imply any acceptance of the Work nor a waiver of any of MSG’s rights under this AgreementWorks by the Company. 3.23.2 Contractor shall develop a checking 5.7 For the avoidance of doubt and without limitation to Condition 5.6, all inspection and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections required by the Contract Documents. Contractor shall cooperate comply with all other Persons providing testing in connection with the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for the Work to the extent prepared by or on behalf of Contractor or provided to Contractorapplicable legislation. 3.23.3 If the Contract Documents or Applicable Laws require any portion of the Work to be inspected, tested or approved, Contractor shall give MSG, Architect and Project Manager timely notice (but in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such inspection, testing or approval. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified in the Contract Documents, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents, Contractor shall correct such failure without recovery as a Cost of the Work and without an increase to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, and an appropriate Change Order shall be issued. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG(1) All materials and workmanship shall be subject to inspection, Architect examination and Project Manager testing by the Consultant and the Fund at all times during the performance of the work and at all places where the work is carried on. Except as otherwise herein specified, the Fund shall pay for the cost of inspec­tion, examination and testing by the Consultant or their nominee may inspect the WorkFund. If, on reasonable notice however, the tests prove that the materials and/or work tested do not meet the requirements of the Contract, then the entire cost of such tests is to be borne by the Contractor. The Consultant will have the right to reject defective material and workmanship furnished by the Contractor or require its correction. The Contractor, without charge therefor, shall satisfactorily and promptly correct all rejected work and replace all rejected material with proper material. (2) The Contractor shall promptly segregate and remove from the site of the work all rejected material and work. If the Contractor shall fail to proceed at any time, including any inspection or test to determine whether the Work complies once with the Drawings replacing of rejected material and/or correction of defective workmanship, the Fund may, by contract or otherwise, replace such material and/or correct such workmanship, and Specifications. Inspections charge the costs thereof to the Contractor or it may cancel the Con­tract and tests by MSG, Architect or Project Manager shall not be constructed terminate the Contractor's employment as acceptance of provided in the Work nor a waiver of any of MSG’s rights under this Agreement. 3.23.2 Contractor (3) The Contractor, without additional charge therefor, shall develop a checking promptly furnish all reasonable facilities, labor and materials necessary for the safe and convenient inspection and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections may be required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with Consultant or the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for the Work to the extent prepared by or on behalf of Contractor or provided to ContractorFund. 3.23.3 (4) If the Contract Documents or Applicable Laws the Consultant's instructions or the applicable laws, ordinances or regulations of any governmental authority require any portion part of the Work work covered by the Contract to be specially tested or inspected, tested or approved, the Contractor shall give MSG, Architect and Project Manager the Consultant timely notice (but in no event less than five of its readiness for such testing or inspection or, if the same is to be performed by a governmental authority, of the date fixed therefor. If any such work, without the written permission of the Consultant, should be covered up prior to such testing or inspection, the Contractor, at its sole cost and expense must, if directed by the Consultant, uncover the same for testing or inspection and reconstruct same after the tests or inspection are conducted. All certificates of inspection or testing, involving the Contractor's work, required to be obtained from governmental authorities are to be secured by the Contractor at its sole cost and expense. (5) Business Days) Should it be considered necessary or advisable by the Consultant at any time before final acceptance of the entire work to make an examination of work already completed by removing or tearing out same, the Contractor, upon request, shall furnish all necessary facilities, labor and material to perform such examination. If the work subject to such examination is found to be defective or nonconforming in any manner due to the fault of the Contractor or any of its readiness so Architectsubcontractors, MSG and/or Project Manager may observe such inspectionuncovering or destruction and necessary reconstruction, even though such includes work not covered in the Contract, shall be at the expense of the Contractor. If, however, such work after testing and examination is found to be satisfactory, the Fund will pay the Contractor the cost of such uncovering or approvaldestruction and reconstruction, such cost to be determined as in the case of extra work as provided in Section 4.02. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified (6) Inspection of material and furnished articles to be incorporated in the Contract Documentswork may be made at the place of production, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing manufacture or approval, shipment unless otherwise stated herein. The inspection of material and Contractor shall give notice of such special inspection, testing workmanship for final acceptance as a whole or approval. If such special inspection or testing reveals a failure in part will be made at the site of the Work to comply with the requirements of the Contract Documents, Contractor shall correct such failure without recovery as a Cost of the Work and without an increase to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, and an appropriate Change Order shall be issuedwork. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG(a) Contractor shall perform all inspection, Architect sampling and Project Manager testing necessary to ensure and demonstrate compliance with the Contract Documents. Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the Work performed conforms to the requirements in the Contract Documents. Contractor shall maintain complete inspection records and make them available to Owner. (b) Contractor shall prepare and submit for Owner’s approval a Quality Management System developed in accordance with Section 01 40 00 of the Division 1 Specifications. (c) Tests, inspections and approvals of portions of the Work required by the Contract Documents or their nominee Laws, Regulations and Ordinances shall be made at appropriate times. Unless otherwise provided in the Contract Documents, Contractor shall make arrangements in accordance with the Contract Documents for such tests, inspections and approvals and shall bear all related costs of such tests, inspections and approvals. Owner has the right to observe any inspections, tests, or approvals required under the Contract Documents. Contractor shall give Owner, Owner’s authorized agents, and any other Person and/or Entity designated by Owner, timely notice of when and where tests, inspections and approvals are to be made so they may inspect observe such procedures. (d) Each part or detail of the Work, on including but not limited to equipment and materials, shall also be subject to inspection and testing by Owner at all reasonable notice times. Owner shall have the right to reject Work which does not conform with the Contract Documents. Contractor at shall immediately stop the affected Work and correct non-conformance items or obtain Owner’s written concurrence that the Work may proceed and the non-conformance corrected within a specific time. Certificates of inspection, testing or approval required under the express terms of the Contract Documents shall be secured by Contractor and promptly delivered to Owner. (e) If, after the commencement of the Work, Owner determines that any timeWork requires special testing, including any inspection or test approval which is not required by the Contract Documents or Laws, Regulations and Ordinances, Owner will instruct Contractor to determine whether order such special testing, inspection, or approval. If the Work fails to comply with the Contract Documents or Laws, Regulations and Ordinances, Contractor shall bear all costs of such special testing, inspection or approval. If the Work complies with the Drawings Contract Documents and Specifications. Inspections Laws, Regulations and tests by MSGOrdinances, Architect Contractor shall be entitled to an appropriate Change Order for the costs and/or schedule impact of such special testing, inspection or Project Manager approval, provided that Contractor satisfies the requirements of Articles 13 and 19. (f) At all times before Substantial Completion, Contractor shall not be constructed as acceptance remove or uncover such portions of the finished construction Work nor a waiver of as directed by Owner. After examination by any of MSG’s rights under this Agreement. 3.23.2 Person and/or Entity designated by Owner, Contractor shall develop a checking and testing procedure, subject restore the Work to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections the standard required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for If the Work to the extent prepared by exposed or on behalf of Contractor or provided to Contractor. 3.23.3 If the Contract Documents or Applicable Laws require any portion of the Work to be inspected, tested or approved, Contractor shall give MSG, Architect and Project Manager timely notice (but examined is not in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such inspection, testing or approval. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified in the Contract Documents, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure of the Work to comply conformance with the requirements of the Contract Documents, then: (1) uncovering, removing and restoring the Work; and (2) delays occasioned thereby and, if applicable, recovery of any such delay, shall be the sole responsibility of Contractor. Prior to the start of construction, Owner and Contractor shall correct meet to determine the general types of construction activities or other items of Work that Owner wishes to inspect. Any Work done without prior inspection by Owner after receipt of such failure without recovery notice may be ordered uncovered, removed or restored at Contractor’s sole cost even if the Work proves acceptable after uncovering. Except with respect to Work done contrary to Owner’s inspection requirements as a Cost described in the foregoing sentence, if Work exposed or examined under this Section 4.2.2 is in conformance with the requirements of the Work and without an increase Contract Documents, then Contractor shall be entitled to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, and an appropriate Change Order shall be issuedfor the cost of such efforts and a time extension, provided Contractor satisfies the requirements of Articles 13 and 19. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG(1) All materials and workmanship shall be subject to inspection, Architect examination and Project Manager testing by the Consultant and the Fund at all times during the performance of the work and at all places where the work is carried on. Except as otherwise herein specified, the Fund shall pay for the cost of inspec­tion, examination and testing by the Consultant or their nominee may inspect the WorkFund. If, on reasonable notice however, the tests prove that the materials and/or work tested do not meet the requirements of the Contract, then the entire cost of such tests and any additional testing and or inspections required until the work is deemed compliant is to be borne by the Contractor. The Consultant will have the right to reject defective material and workmanship furnished by the Contractor or require its correction. The Contractor, without charge therefor, shall satisfactorily and promptly correct all rejected work and replace all rejected material with proper material. (2) The Contractor shall promptly segregate and remove from the site of the work all rejected material and work. If the Contractor shall fail to proceed at any time, including any inspection or test to determine whether the Work complies once with the Drawings replacing of rejected material and/or correction of defective workmanship, the Fund may, by contract or otherwise, replace such material and/or correct such workmanship, and Specifications. Inspections charge the costs thereof to the Contractor or it may cancel the Con­tract and tests by MSG, Architect or Project Manager shall not be constructed terminate the Contractor's employment as acceptance of provided in the Work nor a waiver of any of MSG’s rights under this Agreement. 3.23.2 Contractor (3) The Contractor, without additional charge, shall develop a checking promptly furnish all reasonable facilities, labor materials and equipment with associated operators necessary for the safe and convenient access, inspection and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections may be required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with Consultant or the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for the Work to the extent prepared by or on behalf of Contractor or provided to ContractorFund. 3.23.3 (4) If the Contract Documents or Applicable Laws the Consultant's instructions or the applicable laws, ordinances or regulations of any governmental authority require any portion part of the Work work covered by the Contract to be specially tested or inspected, tested or approved, the Contractor shall give MSG, Architect and Project Manager the Consultant timely notice (but in no event less than five of its readiness for such testing or inspection or, if the same is to be performed by a governmental authority, of the date fixed therefor. If any such work, without the written permission of the Consultant, should be covered up prior to such testing or inspection, the Contractor, at its sole cost and expense must, if directed by the Consultant, uncover the same for testing or inspection and reconstruct same after the tests or inspection are conducted. All certificates of inspection or testing, involving the Contractor's work, required to be obtained from governmental authorities are to be secured by the Contractor at its sole cost and expense. (5) Business Days) Should it be considered necessary or advisable by the Consultant at any time before final acceptance of the entire work to make an examination of work already completed by removing or tearing out same, the Contractor, upon request, shall furnish all necessary facilities, labor and material to perform such examination. If the work subject to such examination is found to be defective or nonconforming in any manner due to the fault of the Contractor or any of its readiness so Architectsubcontractors, MSG and/or Project Manager may observe such inspectionuncovering or destruction and necessary reconstruction, testing or approval. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval even though such includes work not identified covered in the Contract DocumentsContract, then Project Manager willshall be at the expense of the Contractor. If, upon written authorization from MSGhowever, instruct such work after testing and examination is found to be satisfactory, the Fund will pay the Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice the cost of such special inspectionuncovering or destruction and reconstruction, testing such cost to be determined as in the case of extra work as provided in Sections 4.02 and 4.05A. (6) Inspection of material and furnished articles to be incorporated in the work may be made at the place of production, manufacture or approvalshipment unless otherwise stated herein. If such special The inspection of material and workmanship for final acceptance as a whole or testing reveals a failure in part will be made at the site of the Work to comply with the requirements of the Contract Documents, Contractor shall correct such failure without recovery as a Cost of the Work and without an increase to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, and an appropriate Change Order shall be issuedwork. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG, Architect 7.1 All materials and Project Manager or their nominee may inspect equipment used in the Work, on reasonable notice to Contractor at any time, including any inspection or test to determine whether the Work complies with the Drawings and Specifications. Inspections and tests by MSG, Architect or Project Manager shall not be constructed as acceptance construction of the Work nor a waiver of any of MSG’s rights under this AgreementPROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the CONTRACT DOCUMENTS. 3.23.2 Contractor 7.2 The OWNER shall develop a checking provide all inspection and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections services not required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for the Work to the extent prepared by or on behalf of Contractor or provided to ContractorCONTRACT DOCUMENTS. 3.23.3 7.3 The CONTRACTOR shall provide at the CONTRACTOR'S expense any testing and inspection services required by the CONTRACT DOCUMENTS. 7.4 If the Contract Documents CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or Applicable Laws orders of any public authority having jurisdiction require any portion of the Work WORK to specifically be inspected, tested or approvedapproved by someone other than the CONTRACTOR, Contractor shall the CONTRACTOR will give MSG, Architect and Project Manager the Owner timely notice (but in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such readiness. The CONTRACTOR will then furnish the Owner the required certificates of inspection, testing or approval. 3.23.4 If MSG7.5 Inspections, Architect tests or Project Manager determines that any Work requires special inspection, uncovering, testing or approval approvals by the Owner shall not identified relieve the CONTRACTOR from the obligations to perform the WORK in the Contract Documents, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure of the Work to comply accordance with the requirements of the Contract DocumentsCONTRACT DOCUMENTS. 7.6 The Owner’s representatives will at all times have access to the WORK. In addition, Contractor authorized representatives and agents of any participating agency shall correct be permitted to inspect all WORK, materials, payrolls, records or personnel, invoices of materials and other relevant data and records. The CONTRACTOR will provide proper facilities for such failure without recovery as a Cost access and observation of the Work WORK and without also for any inspection or testing thereof. 7.7 If any WORK is covered contrary to the written instructions of the Owner must, if requested by the Owner be uncovered for the Owner’s observation and replaced at the CONTRACTOR'S expense. 7.8 If the Owner considers it necessary or advisable that covered WORK be inspected or tested by others, the CONTRACTOR, at the Owner’s request, will uncover, expose or otherwise make available for observation, inspection or testing as the Owner may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, if, however, such WORK is not found to be defective, the CONTRACTOR will be allowed an increase to in the Incentive Benchmark CONTRACT PRICE or an adjustment extension of the CONTRACT TIME, or both, directly attributable to the Substantial Completion Date; otherwise MSG shall bear such costsuncovering, exposure, observation, inspection, testing and reconstruction and an appropriate Change Order CHANGE ORDER shall be issued. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG(1) All materials and workmanship shall be subject to inspection, Architect examination and Project Manager testing by the Consultant and the Fund at all times during the performance of the work and at all places where the work is carried on. Except as otherwise herein specified, the Fund shall pay for the cost of inspec­tion, examination and testing by the Consultant or their nominee may inspect the WorkFund. If, on reasonable notice however, the tests prove that the materials and/or work tested do not meet the requirements of the Contract, then the entire cost of such tests is to be borne by the Contractor. The Consultant will have the right to reject defective material and workmanship furnished by the Contractor or require its correction. The Contractor, without charge therefor, shall satisfactorily and promptly correct all rejected work and replace all rejected material with proper material. (2) The Contractor shall promptly segregate and remove from the site of the work all rejected material and work. If the Contractor shall fail to proceed at any time, including any inspection or test to determine whether the Work complies once with the Drawings replacing of rejected material and/or correction of defective workmanship, the Fund may, by contract or otherwise, replace such material and/or correct such workmanship, and Specifications. Inspections charge the costs thereof to the Contractor or it may cancel the Con­tract and tests by MSG, Architect or Project Manager shall not be constructed terminate the Contractor's employment as acceptance of provided in the Work nor a waiver of any of MSG’s rights under this Agreement. 3.23.2 Contractor (3) The Contractor, without additional charge therefor, shall develop a checking promptly furnish all reasonable facilities, labor and materials necessary for the safe and convenient inspection and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections may be required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with Consultant or the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for the Work to the extent prepared by or on behalf of Contractor or provided to ContractorFund. 3.23.3 (4) If the Contract Documents or Applicable Laws the Consultant's instructions or the applicable laws, ordinances or regulations of any governmental authority require any portion part of the Work work covered by the Contract to be specially tested or inspected, tested or approved, the Contractor shall give MSG, Architect and Project Manager the Consultant timely notice (but in no event less than five of its readiness for such testing or inspection or, if the same is to be per­formed by a governmental authority, of the date fixed there­for. If any such work, without the written permission of the Consultant, should be covered up prior to such testing or inspection, the Contractor, at its sole cost and expense must, if directed by the Consultant, uncover the same for testing or inspection and reconstruct same after the tests or inspection are conducted. All certificates of inspection or testing, involving the Contractor's work, required to be obtained from governmental authorities are to be secured by the Contractor at its sole cost and expense. (5) Business Days) Should it be considered necessary or advisable by the Consultant at any time before final acceptance of the entire work to make an examination of work already completed by removing or tearing out same, the Contractor, upon request, shall furnish all necessary facilities, labor and material to perform such examination. If the work subject to such examination is found to be defective or nonconforming in any manner due to the fault of the Contractor or any of its readiness so Architectsubcontractors, MSG and/or Project Manager may observe such inspectionuncovering or destruction and neces­sary reconstruction, even though such includes work not covered in the Contract, shall be at the expense of the Contractor. If, however, such work after testing and examination is found to be satisfactory, the Fund will pay the Contractor the cost of such uncovering or approvaldestruction and reconstruction, such cost to be determined as in the case of extra work as provided in Section 4.02. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified (6) Inspection of material and furnished articles to be incorporated in the Contract Documentswork may be made at the place of production, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing manufacture or approval, shipment unless otherwise stated herein. The inspection of material and Contractor shall give notice of such special inspection, testing workmanship for final acceptance as a whole or approval. If such special inspection or testing reveals a failure in part will be made at the site of the Work to comply with the requirements of the Contract Documents, Contractor shall correct such failure without recovery as a Cost of the Work and without an increase to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, and an appropriate Change Order shall be issuedwork. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG18.1 The Contractor shall develop and provide to the Owner, Architect for the Owner’s review and Project Manager or their nominee may inspect approval, an Inspection and Test Plan in time to allow the Owner to perform the inspections contemplated by this Article 18 - Inspection and Testing. The Contractor shall follow the approved Inspection and Test Plan. 18.2 At all times during the progress of the Work, the Owner or its designate shall have the right to inspect or witness any part of the Work. 18.3 The Contractor shall inspect and be solely responsible for the inspection of all workmanship, materials and equipment furnished by itself or its Subcontractors in respect of the Work, to ensure conformity in each and every respect to the Contract and the Law and to ensure that good and proper construction practices are followed and that the Work is performed in a safe and environmentally sound manner. 18.4 If the Law requires testing of any part of the Work, the Contractor shall provide the Owner with sufficient advance notice of the arrangements for the test. 18.5 If the Owner’s Requirements require any test to be witnessed by the Owner, the Contractor shall provide the Owner’s Representative with sufficient advance notice of its readiness for the test and the Owner or its designate shall then promptly witness the test. If the Owner or its designate fails to witness the test when scheduled, any re-testing required by the Owner shall constitute a Change. 18.6 If any portion of the Work is closed or covered by the Contractor without the Owner’s permission and before the Owner has been given the opportunity to witness a required test, then, if required by the Owner, that portion of the Work shall be opened or uncovered for testing and re-closed or recovered, all at the Contractor’s expense and without increasing the Contract Time. 18.7 Any Work which must be tested shall not be considered ready for inspection by the Owner until the Contractor has satisfied itself and notified the Owner’s Representative, that, in the Contractor’s opinion, that portion of the Work can successfully pass the test. 18.8 Any inspection, testing or witnessing of any of the Work or tests by the Owner, or omission or failure on reasonable notice the part of the Owner to inspect or test any of the Work shall not be construed to be an acceptance of any such Work, or as relieving the Contractor of its responsibilities pursuant to the Contract or the Law. 18.9 The Contractor shall ensure that all tools, equipment, temporary facilities and other items used in accomplishing the Work, whether purchased, rented, manufactured or fabricated by, or under the direction of the Contractor, or otherwise provided by the Contractor or Subcontractors, are safe, environmentally sound and maintained in good condition, capable of performing their required functions. In the case of tools, meters and other devices which require calibration, the Contractor shall ensure that such calibration is performed on the frequency recommended by the manufacturer and in accordance with normal industry practice. 18.10 The Owner reserves the right to inspect all tools and equipment brought on to the Work Site at any timetime during the progress of the Work. The Owner’s Representative may require the Contractor to supply a qualified, including independent engineering evaluation or certification that any inspection item in question is suitable for its intended purpose, or test to reject any item and require replacement with a proper and suitable item which is satisfactory to the Owner’s Representative. If any tool or item of equipment is deemed by the Owner to be unsafe, environmentally unsound or incapable of doing the work for which it is intended, then the Contractor shall repair or replace it with a safe, environmentally sound and suitable tool or item of equipment at the Contractor’s expense. 18.11 The Owner may, at any time during the progress of the Work, conduct inspections or tests on any part thereof, to determine whether the Work complies is in accordance with the Drawings and SpecificationsOwner’s Requirements. Inspections and Such tests by MSG, Architect or Project Manager shall not be constructed as acceptance at the sole expense of the Owner, unless the result of a Performance Test determines that the Work nor a waiver of any of MSGis not in accordance with the Owner’s rights under this Agreement. 3.23.2 Requirements, in which case the Contractor shall develop reimburse the Owner for such Performance Test and redo or repair the Work ready for a checking and testing procedure, subject new Performance Test to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections required be performed by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for the Work to the extent prepared by or on behalf of Contractor or provided to ContractorOwner. 3.23.3 If the Contract Documents or Applicable Laws require any portion of the Work to be inspected, tested or approved, Contractor shall give MSG, Architect and Project Manager timely notice (but in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such inspection, testing or approval. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified in the Contract Documents, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents, Contractor shall correct such failure without recovery as a Cost of the Work and without an increase to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, and an appropriate Change Order shall be issued. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG, Architect 17.1 The Inspection and Project Manager Test Plan shall be prepared by the party specified in the Scope of Work as having responsibility for the preparation of it and shall be followed when any inspection or their nominee may inspect testing of the Work is performed. 17.2 At all times during the progress of the Work, the Owner shall have the right to inspect or witness any part of the Work. 17.3 The Contractor shall inspect and be solely responsible for the inspection of all workmanship, materials and equipment furnished by itself or its Subcontractors in respect of the Work, to ensure conformity in each and every respect to the Contract (including, without limitation, the Construction Documents) and the Law and to ensure that good and proper construction practices are followed and that the Work is performed in a safe and environmentally sound manner. 17.4 If the Law requires testing of any part of the Work, the Contractor shall provide the Owner with sufficient advance notice of the arrangements for the test and shall thereafter conduct the test in compliance with Law. 17.5 The Contractor shall provide the Owner’s Representative with sufficient advance notice of its readiness for any test and the Owner shall then promptly witness the test. If the Owner fails to witness the test when scheduled, any re-testing required by the Owner shall constitute a Change. 17.6 If any portion of the Work is closed or covered by the Contractor without the Owner’s permission and before the Owner has been given the opportunity to perform or witness a required test, then, if required by the Owner, that portion of the Work shall be opened or uncovered for testing and re-closed or recovered, all at the Contractor’s expense and without increasing the Contract Time. 17.7 Any Work which must be tested shall not be considered ready for inspection by the Owner until the Contractor has satisfied itself and notified the Owner’s Representative, that, in the Contractor’s opinion, that portion of the Work can successfully pass the test. 17.8 Any inspection, testing or witnessing of any of the Work or tests by the Owner, or omission or failure on reasonable notice the part of the Owner to inspect or test any of the Work shall not be construed to be an acceptance of any such Work, or as relieving the Contractor of its responsibilities pursuant to the Contract or the Law. 17.9 The Contractor shall ensure that all tools, equipment, temporary facilities and other items used in accomplishing the Work, whether purchased, rented, manufactured or fabricated by, or under the direction of the Contractor, or otherwise provided by the Contractor or Subcontractors, are safe, environmentally sound and maintained in good condition, capable of performing their required functions. In the case of tools, meters and other devices which require calibration, the Contractor shall ensure that such calibration is performed on the frequency recommended by the manufacturer and in accordance with normal industry practice. 17.10 The Owner reserves the right to inspect all tools and equipment brought on to the Work Site at any timetime during the progress of the Work upon reasonable notice. The Owner’s Representative may require the Contractor to supply a qualified, including independent engineering evaluation or certification that any inspection item in question is suitable for its intended purpose, or test to reject any item and require replacement with a proper and suitable item which is satisfactory to the Owner’s Representative and shall constitute a Change with cost to Owner. If any tool or item of equipment is determined via independent engineering evaluation or certification to be unsafe, environmentally unsound or incapable of doing the work for which it is intended, then the Contractor shall pay for the cost of the independent evaluation or certification and repair or replace it with a safe, environmentally sound and suitable tool or item of equipment at the Contractor’s expense. 17.11 The Owner may, at any time during the progress of the Work, conduct additional inspections or tests on any part thereof (in addition to those specified in the Scope of Work), to determine whether the Work complies is in accordance with the Drawings and SpecificationsScope of Work. Inspections and Such tests by MSG, Architect or Project Manager shall not be constructed as acceptance at the sole expense of the Work nor Owner except as otherwise set forth in the Scope of Work. If such additional testing causes a waiver of any of MSG’s rights under this Agreementdelay in the Scheduled Functional Completion Date, Contractor shall submit to Owner a Change Quotation setting forth the proposed new Scheduled Functional Completion Date in accordance with Section 13.7. 3.23.2 17.12 The Contractor shall develop a checking and testing procedureprovide to the Owner, subject to MSGfor the Owner’s review and approval, that will ensure that all systems are adequately tested an Inspection and balanced prior Test Plan in time to their acceptance allow the Owner to perform the inspections contemplated by MSG. Such checking this Article 17 – Inspection and testing procedure shall include all tests and inspections required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for the Work to the extent prepared by or on behalf of Contractor or provided to ContractorTesting. 3.23.3 If the Contract Documents or Applicable Laws require any portion of the Work to be inspected, tested or approved, Contractor shall give MSG, Architect and Project Manager timely notice (but in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such inspection, testing or approval. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified in the Contract Documents, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents, Contractor shall correct such failure without recovery as a Cost of the Work and without an increase to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, and an appropriate Change Order shall be issued. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG, Architect ‌ 17.1 The Inspection and Project Manager Test Plan shall be prepared by the party specified in the Owner's Requirements as having responsibility for the preparation of it and shall be followed when any inspection or their nominee may inspect testing of the Work is performed. 17.2 At all times during the progress of the Work, the Owner shall have the right to inspect or witness any part of the Work. 17.3 The Contractor shall inspect and be solely responsible for the inspection of all workmanship, materials and equipment furnished by itself or its Subcontractors in respect of the Work, to ensure conformity in each and every respect to the Contract and the Law and to ensure that good and proper construction practices are followed and that the Work is performed in a safe and environmentally sound manner. 17.4 If the Law requires testing of any part of the Work, the Contractor shall provide the 17.5 If the Owner’s Requirements require any test to be performed or witnessed by the Owner, the Contractor shall provide the Owner’s Representative with sufficient advance notice of its readiness for the test and the Owner shall then promptly perform or witness the test. If the Owner fails to witness the test when scheduled, any re-testing required by the Owner shall constitute a Change. 17.6 If any portion of the Work is closed or covered by the Contractor without the Owner’s permission and before the Owner has been given the opportunity to perform or witness a required test, then, if required by the Owner, that portion of the Work shall be opened or uncovered for testing and re-closed or recovered, all at the Contractor’s expense and without increasing the Contract Time. 17.7 Any Work which must be tested shall not be considered ready for inspection by the Owner until the Contractor has satisfied itself and notified the Owner’s Representative, that, in the Contractor’s opinion, that portion of the Work can successfully pass the test. 17.8 Any inspection, testing or witnessing of any of the Work or tests by the Owner, or omission or failure on reasonable notice the part of the Owner to inspect or test any of the Work shall not be construed to be an acceptance of any such Work, or as relieving the Contractor of its responsibilities pursuant to the Contract or the Law. 17.9 The Contractor shall ensure that all tools, equipment, temporary facilities and other items used in accomplishing the Work, whether purchased, rented, manufactured or fabricated by, or under the direction of the Contractor, or otherwise provided by the Contractor or Subcontractors, are safe, environmentally sound and maintained in good condition, capable of performing their required functions. In the case of tools, meters and other devices which require calibration, the Contractor shall ensure that such calibration is performed on the frequency recommended by the manufacturer and in accordance with normal industry practice. 17.10 The Owner reserves the right to inspect all tools and equipment brought on to the Work Site at any timetime during the progress of the Work. The Owner’s Representative may require the Contractor to supply a qualified, including independent engineering evaluation or certification that any inspection item in question is suitable for its intended purpose, or test to reject any item and require replacement with a proper and suitable item which is satisfactory to the Owner’s Representative. If any tool or item of equipment is deemed by the Owner to be unsafe, environmentally unsound or incapable of doing the work for which it is intended, then the Contractor shall repair or replace it with a safe, environmentally sound and suitable tool or item of equipment at the Contractor’s expense. 17.11 The Owner may, at any time during the progress of the Work, conduct inspections or tests on any part thereof, to determine whether the Work complies is in accordance with the Drawings and SpecificationsOwner’s Requirements. Inspections and Such tests by MSG, Architect or Project Manager shall not be constructed as acceptance at the sole expense of the Owner, unless the result of a Performance Test determines that the Work nor is not in accordance with the Owner’s Requirements, in which case the Contractor shall reimburse the Owner for such Performance Test and redo or repair the Work ready for a waiver of any of MSG’s rights under this Agreementnew Performance Test to be performed by the Owner. 3.23.2 17.12 Where the Owner’s Requirements specify that the Contractor shall prepare, or the Owner’s Requirements are silent on the point, then the Contractor shall develop a checking and testing procedureprovide to the Owner, subject to MSGfor the Owner’s review and approval, that will ensure that all systems are adequately tested an Inspection and balanced prior Test Plan in time to their acceptance allow the Owner to perform the inspections complated by MSG. Such checking this Article 17 - Inspection and testing procedure shall include all tests and inspections required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for the Work to the extent prepared by or on behalf of Contractor or provided to ContractorTesting. 3.23.3 If the Contract Documents or Applicable Laws require any portion of the Work to be inspected, tested or approved, Contractor shall give MSG, Architect and Project Manager timely notice (but in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such inspection, testing or approval. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified in the Contract Documents, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing or approval, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents, Contractor shall correct such failure without recovery as a Cost of the Work and without an increase to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, and an appropriate Change Order shall be issued. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.

Inspection and Testing. 3.23.1 MSG13.1 All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards, Architect as required and Project Manager or their nominee may inspect defined in the Contract Documents. 13.2 The Owner shall provide all inspection and testing services unless otherwise required by Contract Documents. Owner and its project representatives (the “Owner’s Parties”, which Owner’s Parties shall include, without limitation, Owner’s Representative, Terracon representatives, representatives from the Owner’s general contractor, Owner’s surveyor and such other professional and consultants as Owner, in its sole determination, elects to employ with respect to the Work) shall have access to the project site at all times. Any inspectors employed by Owner have the authority, on reasonable notice acting through the Owner’s Representative, to specify testing parameters and to reject defective material or Work that is being improperly done subject to the final decision of the Owner. Contractor at any time, including any inspection or test to determine whether shall consult with and coordinate the Work complies with Owner through the Drawings Owner’s Representative. Contractor shall comply with such reasonable testing and Specifications. Inspections inspection requirements as may be imposed by Owner to allow Owner to complete the required testing and tests by MSG, Architect or Project Manager such requirements shall not be constructed as acceptance the basis for any extension of the Work nor a waiver of any of MSG’s rights under this Agreementtime or increase in price hereunder. 3.23.2 Contractor shall develop a checking and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections required by 13.3 If the Contract Documents. , laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than the Contractor, the Contractor will give the Owner timely notice of readiness. 13.4 Authorized representatives and agents of any Federal or state agency shall cooperate with be permitted to inspect all other Persons providing testing in connection with the Project. Contractor shall keep an accurate record Work, materials, payrolls, records of all tests, inspections conducted, findingspersonnel, and test reports for the other relevant data and records. 13.5 If any Work is covered contrary to the extent prepared written instructions of the Owner it must, if requested by or on behalf of Contractor or provided to the Owner, be uncovered for its observation and replaced at the Contractor’s expense. 3.23.3 13.6 If the Contract Documents Owner considers it necessary that covered Work be inspected or Applicable Laws require any tested by others, the Contractor, at the Owner’s request, will uncover, expose, or otherwise make available for observation, inspection, or testing as the Owner may require, that portion of the Work in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such Work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing, and of satisfactory reconstruction. If, however, such Work is not found to be inspecteddefective, tested or approved, the Contractor shall give MSG, Architect and Project Manager timely notice (but in no event less than five (5) Business Days) of its readiness so Architect, MSG and/or Project Manager may observe such inspection, testing or approval. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified will be allowed an increase in the Contract Documents, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing price or approval, and Contractor shall give notice of such special inspection, testing or approval. If such special inspection or testing reveals a failure of the Work to comply with the requirements an extension of the Contract Documentstime, Contractor shall correct or both, directly attributable to such failure without recovery as a Cost of the Work uncovering, exposure, observation, inspection, testing, and without an increase to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, reconstruction and an appropriate Change Order change order shall be issued. 3.23.5 Required certificates 13.7 The Contractor shall submit samples of inspection, materials for testing or approval as required by the Owner. The cost of all retests made necessary by the failure of materials to conform to the requirements of these Contract Documents shall be secured paid by Contractor the Contractor. 13.8 The testing of equipment and Contractor products shall promptly deliver them to Project Manager be performed as provided in the Contract Documents and Architectas additionally requested by Owner or its representatives.

Inspection and Testing. 3.23.1 MSG(1) All materials and workmanship shall be subject to inspection, Architect examination and Project Manager testing by the Consultant and the University at all times during the performance of the work and at all places where the work is carried on. Except as otherwise herein specified, the University shall pay for the cost of inspection, examination and testing by the Consultant or their nominee may inspect the WorkUniversity. If, on reasonable notice to Contractor at however, the tests and any time, including any attendant re-inspection or test re-examination prove that the materials and/or work tested do not meet the requirements of the Contract, then the entire cost of such tests is to determine whether be borne by the Work complies Contractor. The Consultant will have the right to reject defective material and workmanship furnished by the Contractor or require its correction. The Contractor, without charge therefore, shall satisfactorily and promptly correct all rejected work and replace all rejected material with proper material. (2) The Contractor shall promptly segregate and remove from the site of the work all rejected material and work. If the Contractor shall fail to proceed at once with the Drawings replacing of rejected material and/or correction of defective workmanship, the University may, by contract or otherwise, replace such material and/or correct such workmanship, and Specifications. Inspections charge the costs thereof to the Contractor and/or it may cancel the Contract and tests by MSG, Architect or Project Manager shall not be constructed terminate the Contractor's employment as acceptance of provided in the Work nor a waiver of any of MSG’s rights under this Agreement. 3.23.2 Contractor (3) The Contractor, without additional charge therefore, shall develop a checking promptly furnish all reasonable facilities, labor and materials necessary for the safe and convenient inspection and testing procedure, subject to MSG’s review and approval, that will ensure that all systems are adequately tested and balanced prior to their acceptance by MSG. Such checking and testing procedure shall include all tests and inspections may be required by the Contract Documents. Contractor shall cooperate with all other Persons providing testing in connection with Consultant or the Project. Contractor shall keep an accurate record of all tests, inspections conducted, findings, and test reports for the Work to the extent prepared by or on behalf of Contractor or provided to ContractorUniversity. 3.23.3 (4) If the Contract Documents or Applicable Laws the Consultant's instructions or the applicable laws, ordinances or regulations of any governmental authority require any portion part of the Work work covered by the Contract to be specially tested or inspected, tested or approved, the Contractor shall give MSG, Architect and Project Manager the Consultant timely notice (but in no event less than five of its readiness for such testing or inspection or, if the same is to be performed by a governmental authority, of the date fixed therefore. If any such work, without the written permission of the Consultant, should be covered up prior to such testing or inspection, the Contractor, at its sole cost and expense, must, if directed by the Consultant, uncover the same for testing or inspection and reconstruct the same after the tests or inspection are conducted. All certificates of inspection or testing, involving the Contractor's work, required to be obtained from governmental authorities are to be secured by the Contractor at its sole cost and expense. (5) Business Days) Should it be considered necessary or advisable by the Consultant at any time before final acceptance of the entire work to make an examination of work already completed by removing or tearing out same, the Contractor, upon request, shall furnish all necessary facilities, labor and material to perform such examination. If the work subject to such examination is found to be defective or nonconforming in any manner due to the fault of the Contractor or any of its readiness so Architectsubcontractors, MSG and/or Project Manager may observe such inspectionuncovering or destruction and necessary reconstruction, even though such includes work not covered in the Contract, shall be at the expense of the Contractor. If, however, such work after testing and examination is found to be satisfactory, the University will pay the Contractor the cost of such uncovering or approvaldestruction and reconstruction, such cost to be determined as in the case of extra work as provided in Section 4.02. 3.23.4 If MSG, Architect or Project Manager determines that any Work requires special inspection, uncovering, testing or approval not identified (6) Inspection of material and furnished articles to be incorporated in the Contract Documentswork may be made at the place of production, then Project Manager will, upon written authorization from MSG, instruct Contractor to order such special inspection, uncovering, testing manufacture or approval, shipment unless otherwise stated herein. The inspection of material and Contractor shall give notice of such special inspection, testing workmanship for final acceptance as a whole or approval. If such special inspection or testing reveals a failure in part will be made at the site of the Work to comply with the requirements of the Contract Documents, Contractor shall correct such failure without recovery as a Cost of the Work and without an increase to the Incentive Benchmark or an adjustment to the Substantial Completion Date; otherwise MSG shall bear such costs, and an appropriate Change Order shall be issuedwork. 3.23.5 Required certificates of inspection, testing or approval shall be secured by Contractor and Contractor shall promptly deliver them to Project Manager and Architect.