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Subcontractor recognizes and agrees Ihat as the Project progresses, the Schedule, (including both duration
<br /> and sequences of activities shown thereon), may be amended by Contractor to retlect instructions from the
<br /> Owner, changes in the Project, ch�nges in construction means or methods,and unanticipated nccurrences
<br /> affec:ting progress of the Praject. Subcontractor agrees to comp{y with each and all such amendments to
<br /> the Schedule, and to perform the Work in strict accordance with such amendments. At Contractor's
<br /> request, and at the times specified in any such rec�uest, Subcontractor shalf submit to Contractor detailed
<br /> progress, procurement, performance, manpower, and completion schedules, satisfactory to Contractor.
<br /> Subcontractor shall promptly increase its work force, work overtime, work Saturdays, Sundays and
<br /> holidays, aN without additional compensation, if. in the opinion of Contractor,such measures are neces�ary
<br /> to m�intain proper progress of the Work in accordance with the Schedule. Except as expressly provided in
<br /> Sections A(b) and 5 below, Subcontractor waives and disclaims any remedy against Contrartor for any
<br /> damages or costs arising from delays, accelerations, interferences, suspensions, oi• changes in the
<br /> performance, duration or sequence of Subcontractor's Work. Without hmitation of the fo��egoing, no
<br /> premium time will be paid except pursuant to written nuthorization by Cuntractor specifying that prem�um
<br /> tirne will be paid,and the amount that will be paid.
<br /> 4(b). Delays of tke Work. If Subcontractor is delayed in the commencement, performance, or
<br /> completion of the Work Uy• Ch:�nge Orders issued by Contractor in accordance with Sectic7n S below;
<br /> extraordin�ry weather conditions that are uncharacteristic for the 1ac11e of the Work and that could not
<br /> h�ve been anticipated; unusual and unanticipated delays in transportation; or unavoidable casu�lty loss to,
<br /> or destruction of,the Work,then the Schedule described in 4(a)above may be adjusted by Contractor based
<br /> on the reasonablc amount of time lost as�result of such occurrence. Otherwise,Subcontractor assumes all
<br /> risks of stric� compliance with the Schedule. The �djustment of�he Schedule provided for herein shall be
<br /> 5ubcontracror's sole remedy for any and aU interferences, suspensions, and delays. No such adjustment in
<br /> the Schedule shall be made unless written notice containing � request therefore is given to Con[ractor
<br /> within forty-eight (48) hours atter commencement of the occurrence that cluses such delay, regardless of
<br /> whether or not Contractor has actual notice of the delay, �nd provided always that a simillr extension of
<br /> time has been allotted to Conh�acror by Owner Contructor shall have no duty, obligation, or liability to
<br /> Subcontractor as a result of any delay, interference, suspension,or other event,except to seek an extension
<br /> of time from the Owner as provided herein.
<br /> 4fcJ. Liqtridate�l Daneages. Subcontractor represents that it hvs s�itisfied itself as ro the extent and
<br /> amount of any provision in the Prime Contract impnsing liquidated damages upon Contractor, and
<br /> ncknowledges that in the event Subcontrartor fails to comply with the Schedule, and liquidated damages
<br /> are imposed by Owner on Contractor, such liquidated damages will constitute one element of the d�m�ges
<br /> that Contractor shall be entitled to recover from 5ubcontractor
<br /> 5(ci). Changes i�r dte Work. Contractor may at any time, without notice to any surety, direct
<br /> changes,additions,and/or deletions in or to Subconhactor's Work,or direct extra wark(all of�he foregoing
<br /> being referred to herein as "Change(s)") The Subcontract Price �►nd Schedule shall be adjusted on account
<br /> of Changes only as provided in 5{b)-(d} below Otherwise, Subcontractor shall receive no time extension
<br /> or additional compens�tion on account of Changes
<br /> 5(h). Change Orders. No Change shall result in an adjustment in the Subcontract Price or
<br /> Schedule uiiless expressly directed by a Change Order made in strict compliance with this Sf�ction 5(b),
<br /> pria� to Subcontractor's commencement of performance of the Change, A Change Order is; (i) a written
<br /> order by Contractor, expressly designated as a Change Order, directing a Change in the Work, or (ii) an
<br /> oral or wi'itten order (detined to include authorizations, directions, interpretations, or detern�ination) by
<br /> Contractor directing a Change in the Work, if, and only if, Subcontractor�ives Contractor written notice
<br /> within three(3)calendar days after tirst receiving such order,stating the date,circumstances,and source of
<br /> the order, and expressly stating that Subcontr�ctor regards such order as requiring a Change in the Work.
<br /> Provided,however, that such nottce by Subcontractor sh�ll not result in a Change Order if the Contractor's
<br /> order does not, in fact, require a Change in the Work. No other order by Contractor shall constitute a
<br /> Change Order, and Subcontractor shall be entided to no compensation or adjustment in the Schedule on
<br /> account of any other order,whether or not it results in a Change.
<br /> 5(c). Adjustnte�us i�i Srabcontract Prlce Prior to the issuance of any Change Order,Contractor
<br /> may require Subcontractor to furnish promptly a detailed price breakdown showing the difference in value
<br /> �3o6-i5-3oo
<br /> Page 4 of I;i
<br /> Sulxauraa Agrccmcnt(L.ong Fortn)
<br /> Rcvised 06/08/10
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