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iii) Show that those resources did not, and could not, work on other <br /> contracts or projects during the Delay. <br /> b) No Material Variations <br /> i) To demonstrate the Contractor's Overhead costs did not materially <br /> vary from its usual seasonal Overhead costs during the period of <br /> delay (12.4.C.5.b.1)d)), the Contractor must; <br /> ii) Affirmatively represent and warrant that the completion of the <br /> subject Work was extended and that such extension prevented the <br /> performance of other work during both the period of delay and the <br /> later period of time required to complete the extended Work, <br /> iii) Disclose the details of Contractor generated billings and Contractor <br /> Overhead Costs (as hereinafter defined) throughout the actual <br /> project performance. The details of such information should be no <br /> less than specific identification of the sources and amounts of <br /> revenue on no greater than a monthly basis and specific <br /> identification of the types and amounts of Contractor Overhead <br /> Costs on no greater than a monthly basis for the actual Project <br /> duration. <br /> c. Overabsorbed Overhead <br /> 1) To demonstrate that it did not incur Overabsorbed Overhead in the period <br /> following the Delay (12.4.C.5.b.1)e)), the Contractor must: <br /> a) Affirmatively represent and warrant that completion of the delayed <br /> Work prevented the performance of other work; <br /> b) Identify the critical resource unavailable for other work due to <br /> completion of the delayed Contract; and <br /> c) Showing that unavailability of this critical resource precluded the <br /> performance of other work. <br /> D. Inefficiencies <br /> 1. Adjustment of Contract Sum <br /> a. To the extent Contractor is entitled to an increase in Contract Sum because of <br /> inefficiencies or impaired productivity, then compensation due, if any, shall be <br /> calculated as provided in 9.5. Adjustment Of Contract Sum. <br /> 2. Adjustment of Contract Time <br /> a. To the extent Contractor is entitled to an extension of Contract Time because of <br /> inefficiencies or impaired productivity, then the time extension, if any, shall be <br /> determined as provided in 5.2.C. Extensions of Contract Time. <br /> ARTICLE 13 DISPUTES <br /> 13.1 Resolution <br /> A. When a Dispute occurs during a Contract, the Contractor shall pursue resolution through <br /> the Owner's Representative. The Contractor shall follow the procedure stated in ARTICLE <br /> 12. CONTRACT CLAIMS herein and 5.2.C. Extensions of Contract Time for issues regarding <br /> Replacement of Reservoir 2 General Conditions <br /> WO# UP3658 00 72 13 - 69 <br />