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Subcontractor recognizes and agrees that as the Project progresses,the Schedule,(including both duration
<br /> 1nd sequences of activities shown thereon), may be amended by Contractor to reflect instructions from the
<br /> Owner, changes in the Pro,{ec:t,changes in construction means or methods,and unanticipated occurrences
<br /> affecting progress of the Project. Subcontractor agrees to comply with each and all such amendments to
<br /> the Schedule, and to perform the Work in strict accordance wi[h such amendments. At Contractor:s
<br /> request, and at the times specified in any such request, Subcontractor shall submit to Contractor det�iled
<br /> progress, procurement, performance, mAnpower, and completion schedules, satisfactory to Contractor.
<br /> Subcontractor shaU promptly increase its work force, work overtime, work SaturdAys, Sundays and
<br /> holidAys,al1 without additional compensation,if,in the opinioo of Contractor,such measures are necessary
<br /> to maintAin proper progress of the Work in accordance with the Schedule. Except as expressiy provided in
<br /> Sections 4(b) and 5 below, Subcontractor waives and discl�ims any remedy against Contractor for any
<br /> dam�ges or costs arising from delays, accelerations, interferences, suspensions, or changes in the
<br /> performance, duration or sequence of Subcontr�ctor's Work. Without limitation of the foregoing, no
<br /> premium time wi11 be paid except pursuant to written authorization by Contractor specifying thAt premium
<br /> time will be paid,and the amount that will be paid.
<br /> 4{G). Delays of tJie Work. If Subcontractor is delayed in the commencement, performance, or
<br /> comple[ion of the Work by: Cht�nge Ordets issued by Contractor in accordance with Section 5 below;
<br /> exrraordinAry weather conditions thut are uncharacteristic for the locnle of the Work and that could not
<br /> h�ve been anticipated; unusual and unanticipated delays in transportation; or unavoidable casualty loss to,
<br /> or destrt�ction 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 a result of such occurrence. Otherwise,Subcontractor assumes all
<br /> risks of strict compliance with the Schedule. The adjustment of the Schedule provided for herein shall be
<br /> Subc:ontractor's sole remedy for any and All interferences,suspensions,and delays. No such adjustment in
<br /> the Schedule shall be mude unless written notice containing A request therefore is given to Contractor
<br /> within forty-eight (48) hours after commencement of the occuirenc;e that causes such delay, regardless of
<br /> whether or not Contractor has actual notice of the delay,and provided always thttt a similar extension of
<br /> time has been apotted to CantrACtor by Owner. Contrs�ctor shall have no dury,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 /> 4(c). Liqr�idated Danrages, Subcontractor represents that it has satisfied itself as to the extent and
<br /> amount of any provision in the Prime Contruct imposing liquidated damages upon Contractor, And
<br /> ackrx�wtedges thAt in the event Subcuntractor fnils to eomply with the Seheciule, and liquidated damAges
<br /> are imposed by Owner on Contractor, such liquidated damages will constitute one element of the damt�ges
<br /> that Contractor shuU be entitled to recover f'rom Subcontractor.
<br /> S(n}. Cl:a�iges in tlie Work. Contractor may at any time, without notice to any surety, direct
<br /> ch�nges,additions,and/or deletions in or to Subcontractor's Work,or direct extra work(all of the foregoing
<br /> being referred to herein as"Change(s)"). The Subcontract Price and Schedule shal{be adjusted on account
<br /> of Changes only as pt•ovided in 5(b)-(d}below. Otherwise, Subcontraclar shall receive no time extension
<br /> or additional compensation on account of Changes.
<br /> S(b). Change Orders. No Change shall result in An adjustment in the Subcontract Price or
<br /> Schedule unless expressly directed by a Change Order made in strict compliance with this Section 5(b),
<br /> prior to Stibcontractor's commencement of performunce 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 written order (defined to include authorizations, directions, interpretations, or determination) by
<br /> Contructor directing a Change in the Work, if,and only if, Subcontractor gives Contraetor written notice
<br /> within three(3)calendar days after first receiving s�ich o►•der,stating the date,circumstances,and source of
<br /> the order, and expressly stating that Subcontractor regards such order as requiring a Change in the Work.
<br /> Provided,however, that such iiotice by Subcontractor shAll not result in a Change Order if the Contractor's
<br /> order does not, in fact, require a Change in the Worfc. Na other order by Contr�ctor shall constitute �
<br /> Change Order, and Subcontracror 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 /> S(c). A�justments i�e Sribcontract Price. Prior to the issuance of any Change Order,Contractor
<br /> may require Subcontractor to furnish promptly a detailed price breakdo�vn showing the difference in value
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<br /> Sulx�antrac�Agrecrtx:nt(L.ong Fonn)
<br /> Rcvised 06/OS/10
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