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1) To present a request for additional compensation for Extended or <br /> Unabsorbed Overhead, the Contractor has the burden of keeping and <br /> maintaining accurate documentation to support any such claim. If the <br /> Contractor fails to provide or keep adequate financial data for an accurate <br /> and fair Eichleay calculation, Contractor waives and releases any claim for <br /> Unabsorbed or Extended Overhead. In presenting any claim under this <br /> section of the Contract, the Contractor agrees to provide to the Owner any <br /> and all financial data needed by the Owner, or its representative, to review, <br /> substantiate and evaluate any claim for Extended and/or Unabsorbed <br /> Home Office Overhead. Failure to provide the requested information shall <br /> constitute waiver by the Contractor. <br /> 2) If Contractor is entitled to an adjustment of Contract Sum for Unabsorbed <br /> or Extended Overhead, it shall be calculated as provided in 9.6. Unabsorbed <br /> and Extended Overhead. <br /> b. Elements <br /> 1) Contractor shall only be entitled to an adjustment of Contract Sum for <br /> Unabsorbed or Extended Overhead if it clearly and convincingly <br /> demonstrates all of the following: <br /> a) The Owner solely caused a delay to the Completion Date as measured <br /> by analysis of the project duration by the critical path method pursuant <br /> to 5.2.C. Extensions of Contract Time; <br /> b) Because of such Delay, the Contractor was forced to suspend or <br /> significantly interrupt its performance so that it was on standby or <br /> idled, and the Owner required the Contractor to be ready to resume <br /> performance on short notice. Extended time of performance of Work, <br /> such as extensions caused by changes, inefficiencies, or Extra Work, <br /> does not constitute suspension or significant interruption of <br /> performance. <br /> c) The Contractor could not and did not use resources, including but not <br /> limited to labor, materials and equipment, standing by or idled on this <br /> or any other project for any work during the period of delay; <br /> d) The Contractor's Overhead costs did not materially vary from its usual <br /> seasonal Overhead costs during the period of delay; and <br /> e) The Delay did not cause Overabsorbed Overhead in the period in which <br /> the delayed Work was completed. <br /> 2) Resources <br /> a) To demonstrate the Contractor could not and did not use resources, <br /> including but not limited to labor, materials and equipment from this <br /> Project for any other work on this or any other project during the <br /> period of delay (12.4.C.5.b.1)c).), the Contractor must: <br /> i) Affirmatively represent and warrant that it did not perform <br /> substitute Work; <br /> ii) Identify the specific resources that were idled; and <br /> Replacement of Reservoir 2 General Conditions <br /> WO# UP3658 00 72 13 - 68 <br />