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<br />1 , <br /> <br />Contractor for any damages or costs arising from delays, accelerations, Interferences, Suspensions, or changes In <br />the performance, duration or sequence of Subcontractor's Work, Without limitation of the foregoing, no premium time <br />will be paid except pursuant to written authorization by Contractor specifying that premium time will be paid, and <br />the amount that will be paid. <br /> <br />4(b), Delays of the Work, If Subcontractor is delayed in the commencement, performance, 6r completion of the <br />Work by: Change Orders issued by Contractor in accordance with Section 5 below: extraordinary weather conditions <br />that are uncharacteristic1for the locale of the Work and that could not have been anticipated; unusual and unanticipated <br />delays in transportation; or unavoidable casualty loss to, or destruction of, the Work, then the Schedule described <br />in 4(a) above may be adjusted by Contractor based on the reasonable amount of time lost as a result of such OCcur, <br />rence. Otherwise, Subcontractor assumes all risks of strict compliance with the Schedule, The adjustment of the Schedule <br />provided for herein shall be Subcontractor's sole remedy for any and all interferences, suspensions, and delays. No <br />such adjustment in the Schedule shall be made unless written notice containing a request therefor is given to Contrac- <br />tor within forty.eight (48) hours after commencement of the occurrence that causes such delay, regardless of whether <br />or not Contractor has actual notice of the delay, and provided always that a similar extension of time has been alloted <br />to Contractor by Owner, Contractor shall have no duty, obligation, or liability to Subcontractor as a resu~ of any delay, <br />interference, suspension, or other event, except to seek an extension of time from the Owner as provided herein, <br /> <br />4(e), Liquidated Damages, Subcontractor represents that It has satisfied hself as to the extent and amount of <br />any provision in the Prime Contract imposing liquidated damages upon Contractor, and acknowledges that In the <br />event Subcontractor fails to comply with the Schedule, and liquidated damages are imposed by Owner on Contrac. <br />tor, such liquidated damages will constitute one element of the damages that Contractor shall be entitled to recover <br />from Subcontractor, <br /> <br />5(a). Changes in the Work, Contractor may at any time, without notice to any surety, direct changes, additions, <br />and/or deletions in or to Subcontractor's Work, or direct extra work (all of the foregOing being referred to herein as <br />"Change(s)"). The Subcontract Price and Schedule shall be adjusted on account of Changes only as provided In <br />5(b)"(d) below. Otherwise, Subcontractor shall receive no time extension or additional compensation on account of <br />Changes. <br /> <br />5(b), Change Orders. No Change shall result in an adjustment in tha Subcontract Price or Schedule unless Etx. <br />pressly directed by a Change Order made in striqt compliance with this Section'5(b), prior to Subcontractor's com- <br />mencement of performance of the Change. A Change Order is: (0 a written order by Contractor, expressly designated <br />as a Change Order, directing a Change in the Work, or (ii) an oral or written order (de~ned to include authorizations, <br />directions, interpretations, or determinations) by Contractor directing a Change in the Work, if, and only if, SUbcon. <br />tractor gives Contractor written notice within three (3) calendar days after first receiving such order, stating the date, <br />circumstances, and source of the order, and expressly stating that Subcontractor regards such order as requIring <br />a Change in the Work, Provided, however, that such notice by Subcontractor shall not result in a Change Order if <br />the Contractor's order does not, in fact, require a Change in the Work. No other order by Contractor shall constitute <br />a Change Order, and Subcontractor shall be entitled to no compensation or adjustment in the Schedule on account' <br />of any other order, whether or not it results in a Change. <br /> <br />5(e). Adjustments in Subcontract Price,. Prior to the issuance of any Change Order, Contractor may require Sub. <br />contractor to furnish promptly a detailed price breakdown showing the difference in value of the work, labor, services, <br />materials added, omitted, or changed by a proposed Change Order. If no agreement as to a monetary allowance <br />related to a Change Order is reached, Contractor may direct Subcontractor to perform the Change Order, and the <br />Subcontract Prica shall ba adjusted in accordanca wkh lh. Prim. Contract provision r.garding subcontractor chatfgo <br />orders, or, if no such provision is included in the Prime Contract, then as follows: The Subcontract Price shall be <br />adjusted by the n.t Incr.... or decr.as. in Subcontractor's costs dlr.ctIy resuhlng Irom the Chang. Ord.r, plus <br />Ih. followIng adjustm.nts for combln.d overhead .nd profit: (1) . 10 for work to be pfll10rmed by <br />Subcontractor's own forces; (2) 5 for such portion(s) of t~e Change Order as is to be performed <br />by subcontractors of Subcontractor; and (3) 5 for Change Orders requiring primarily an addition, <br />deletion, or substitution of equipment or materials, and requiring SUbstantially no labor, As used herein, the term "costs" <br />shall inclupe only the following: (i) cost of materials. inclUding sales tax and cost of delivery, but less any applicable <br />trade discount: (ii) wages paid for labor (excluding supervisory and management personne~, and all taxes, assessments <br />and insurance ,that Subcontractor is required by statute to pay based on such wages; (iii) rental cost for equipment <br />and machinery. provided that such cost is specifically, directly, and solely attributable to the Change Order; and (iv) <br />amounts payable by Subcontractor pursuant to subcontracts for work that is the subject of the Change Order. No . <br />subcontract of Subcontractor for work required by a Change Order shall allow a sub-subcontractor combined overhead <br />and profit in an amount greater than provided for in the Prime Contract, or, in absence of such provision, greater <br />tnan Twenty percent (20%) for combined profit and'overhead above said sub.subcontractor's costs. No part of Sub" <br />contractor's general or jOb.site overhead shall be included in the costs of a Change Order. Subcontractor shall main. <br />tain, and shall require its sub-subcontractors to maintain. detailed and itemized accounting records for all aspects <br />01 the costs of any Change Order, along with all supporting records. data, and documentation, e.g., invoices, checks <br />and payrolls. All such records, data, and documentation shall be subject to audit by Contractor and Owner, SUbcon" <br />tractor shall be reimbursed for the costs of a Change Order only to the extent such costs are fully supported by said <br />recotds, data and documentation. Notwithstanding any of the foregoing, Subcontractor shall in no event receive any <br />compensation or allowance for any Change Order in an amount greater than that which Contractor actually receives <br />from Owner as a result thereof, redUced by a reasonable amount for work performed by contractor, and Contractor's <br />overhead and profit, unless such Change Order does not erfse tram an Older by Owner or Architect to Contractor, <br /> <br />5(d). Adjustments (n the Schedule. Any adjustment in the Schedule needed due to a Change Order shall be <br />requested in a written notice by Subcontractor to Contractor within seven (7) calendar days after receipt of the Change <br />Order, Such request shall state the specific number of days of the requested adjustment. Subcontractor agrees that <br />its failure to give such notice within the time required hereunder shall relinquish and waive any right of Subcontractor <br />to an adjustment in the Schedule on account of a Change Order, Regardless of the adjustment requested by Subcon. <br />tractor the Schedule shall be adjusted only to the extent Subcontractor's Work Is necessarily and actually delayed <br />by tho 'Chango Ordor, ond. .xc.pting only Chango Ord.rs not arising 1rom ord.... of Own.r or ArcMect to Contrac. <br />tor, no adjustment in the Schedule shall be made unless a similar extension of time has been allotted by Owner to <br /> <br />Contractor, <br /> <br /> <br /> <br /> <br /> <br />Cl~8C <br /> <br /> <br />.(3) <br />