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TranSystems Corporation - LGM Construction

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(b) By approving and submitting Shop Drawings and Samples, Contractor represents that<br />

it has verified all field measurements, field construction criteria, materials, catalog numbers and<br />

other data and that it has checked and coordinated each Shop Drawing and Sample with the<br />

requirements of the Work and the Contract Documents.<br />

Section 15.04. FedEx's Review.<br />

(a) FedEx or its agent will review submitted Shop<br />

Drawings and Samples promptly so as to cause no unreasonable delay in the Work, but FedEx<br />

will conduct its review solely for the purpose of determining the extent of conformity with the<br />

design concept of the Work and the information in the Contract Documents. FedEx's review of a<br />

Shop Drawing or Sample will not indicate approval of an assembly in which the item depicted<br />

functions.<br />

(b) Review of Shop Drawings or Samples by FedEx will not relieve Contractor of<br />

responsibility for any deviation from the requirements of the Contract Documents unless<br />

Contractor has informed FedEx in writing of such deviation at the time of submission and FedEx<br />

has acknowledged the specific deviation. Further, FedEx's review will not relieve Contractor<br />

from responsibility for subsequently discovered errors or omissions in the Shop Drawings or<br />

Samples.<br />

Section 15.05. Corrections.<br />

Contractor shall make any corrections FedEx requires and<br />

shall resubmit the required number of corrected Shop Drawings or new Samples until FedEx<br />

advises Contractor that it has completed its review of the submission.<br />

Section 15.06. Prior Review Required.<br />

Contractor may not commence any portion of the<br />

Work requiring submission of a Shop Drawing or Sample until FedEx has completed its review<br />

of the submission. Contractor shall perform all such portions of the Work in accordance with the<br />

reviewed Shop Drawings and Samples and the Contract Documents.<br />

Section 15.07. Material Testing.<br />

(a) At its option, FedEx may accept the manufacturer's<br />

certified mill or laboratory certificate in lieu of special testing of Materials, with respect to which<br />

the Contract Documents require testing, or it may require a certificate from a recognized<br />

commercial testing laboratory other than Smith Emery (“FedEx’s Testing Agent”) ]satisfactory to<br />

it certifying that the Materials have been tested within a period acceptable to FedEx and that they<br />

conform to the requirements of the Contract Documents.<br />

(b) FedEx may require that Contractor make actual tests of any products or Materials and<br />

submit a report on the results of those tests. A recognized testing laboratory other than FedEx’s<br />

Testing Agent satisfactory to FedEx must make those tests. Unless FedEx agrees otherwise,<br />

Contractor may not seek an adjustment in the Contractor’s Fee for the cost of tests required to<br />

determine the suitability of items that Contractor proposes in substitution for items specified in<br />

the Contract Documents.<br />

(c) FedEx may elect at its expense to cause FedEx’s Testing Agent to test Materials that<br />

Contractor incorporates into the Work. If FedEx makes that election and the tests that FedEx’s<br />

Testing Agent conducts indicate that any Material does not conform to the requirements of the<br />

41

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