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9.4 Contract Price Adjustments <br /> 9.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be <br /> determined by one or more of the following methods: <br /> 9.4.1.1 Unit prices set forth in the Contract or as subsequently agreed to between the <br /> parties; <br /> 9.4.1.2 A mutually accepted, lump sum, properly itemized and supported by sufficient <br /> substantiating data to permit evaluation by Owner; <br /> 9.4.1.3 Costs,fees and any other markups set forth in Article 6 of the Contract; and <br /> 9.4.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the <br /> parties, but application of such unit prices will cause substantial inequity to Owner or Design-Builder <br /> because of differences in the character or quantity of such unit items as originally contemplated, <br /> such unit prices shall be equitably adjusted. <br /> 9.5 Emergencies. In any emergency affecting the safety of persons and/or property, Design-Builder <br /> shall act,at its discretion,to prevent threatened damage, injury or loss. Any change in the Contract <br /> Price and/or Contract Time(s) on account of emergency work shall be determined as provided in <br /> this Article 9 or in accordance with provisions of the Contract applicable to Force Majeure events. <br /> Article 10 <br /> Claims and Disputes <br /> 10.1 Condition Precedent to Filing a Claim. The following actions are a mandatory condition <br /> precedent to filing a Claim: (a) a Request for Change Order is denied or deemed denied by the <br /> Owner or(b) a Unilateral Change Order is issued by the Owner. <br /> 10.2 Claim Deadline. Unless otherwise agreed to in writing by the Owner, a fully documented Claim <br /> shall be received by the Owner within 30 days after the denial or deemed denial of a Request for <br /> Change Order, or, in the case of a Unilateral Change Order, Design-Builder's receipt of Owner's <br /> decision regarding Contract Time or Contract Price adjustments pursuant to the Unilateral Change <br /> Order. Failure to comply with the time requirements set for filing a Claim shall constitute <br /> acceptance by the Design-Builder, on behalf of itself and its Subcontractors and suppliers, of the <br /> Unilateral Change Order or the Owner's denial or deemed denial of a Request for Change Order. <br /> Such acceptance shall be considered complete,full,and final settlement of all costs,damages,and <br /> Claims related to or arising from the Request for Change Order or Unilateral Change Order. <br /> 10.3 Design-Builder's Obligation to Continue Work. Pending final decision of a Claim hereunder, <br /> the Design-Builder shall proceed diligently with the performance of the Work, including that work <br /> associated with the Claim, and maintain its progress with the Work. Failure to proceed as required <br /> herein shall constitute grounds for termination for cause under Article 11. <br /> 10.4 Information Required in a Fully Documented Claim. Every Claim must be submitted by Design- <br /> Builder, in writing and clearly designated by Design-Builder as a fully documented Claim. At a <br /> minimum,a fully documented Claim must contain the following information: <br /> 10.4.1 A detailed factual statement of the Claim providing all necessary details, locations, and <br /> items of Work affected; <br /> 10.4.2 The date on which facts arose that gave rise to the Claim; <br /> East Clearwell Project General Conditions of Contract Page 20 <br />