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<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.
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<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,
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<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,
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<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.
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<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.
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<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,
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<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
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<br />Contractor,
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<br />Cl~8C
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