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1 <br /> Contractor shall not be entitled to anticipated profits on deleted,terminated, or uncompleted Work. <br /> 9.3. CHARGES TO CONTRACTOR 1 <br /> The Contractor shall pay the Owner on demand everything charged to it under the terms of this Contract. <br /> Such charges may be deducted by the Owner from money due or to become due to the Contractor under <br /> the Contract. The Owner may recover such charges from the Contractor or from its surety. <br /> Contractor agrees to pay the costs of overtime or excessive inspection and observation costs incurred by <br /> the Owner. Overtime inspection shall include inspection required during Saturdays, Sundays,City <br /> holidays and weekdays,in excess of 40 hours per week or outside of normal working hours and <br /> inspections or observations that result in an inspector or observer working more than forty hours in a <br /> week. Costs of such overtime or excessive inspection or observation include architecture,engineering, <br /> construction management services,inspection,general supervision and Overhead expenses which are <br /> directly chargeable to the overtime or excessive work. Contractor agrees that Owner will deduct such <br /> charges from payments due the Contractor. In the event the Owner by Change Order requires the <br /> Contractor to work in excess of the established schedule of working hours,the Owner will not charge the <br /> Contractor for inspection costs associated therewith. 111 <br /> 9.4. COMPENSATION TO OWNER FOR TIME EXTENSION <br /> The Owner shall be compensated by the Contractor for the actual costs to the Owner of engineering, I <br /> inspection,general supervision,right-of-way costs,permit fees, Overhead expenses,and any other <br /> ascertainable direct costs to the Owner that are directly chargeable to the Work and which accrue during <br /> the period of such extension. The actual costs do not include charges for final inspection and preparation <br /> of the final payment by the Owner. <br /> 9.5. ADJUSTMENT OF CONTRACT SUM <br /> 9.5.1 Calculation I <br /> Except as otherwise expressly provided in these General Conditions,any and all adjustments of Contract <br /> Sum shall be determined as follows: <br /> 1. If the parties are able to agree,the price will be determined by using: <br /> a. Unit prices, if the Work items are defined by unit prices;and <br /> b. Other prices agreed upon by the Contractor and Owner for Work not <br /> defined by unit prices. <br /> 2. If the parties cannot agree,the Owner's Representative will determine the price <br /> pursuant to the following order: <br /> a. Unit prices,if the Work items are defined by unit prices; and <br /> b. Other means to establish the reasonable cost of the Work if it is not defined I <br /> by unit prices,including,but not limited to,Force Account as described in <br /> 9.6.FORCE ACCOUNT,the Schedule of Values,or estimating manuals. <br /> 9.5.2 Limitations I <br /> The following limitations shall apply in determining the amount of an adjustment: <br /> 1. Except as otherwise expressly provided,Contractor will only be paid for costs it <br /> clearly and convincingly proves it actually and directly incurred,and shall not 111 <br /> include consequential or indirect damages not otherwise expressly permitted by <br /> the Contract Documents. Costs and damages for which Owner shall not be <br /> liable under any circumstances include,but are not limited to:(a)borrowing or <br /> interest costs,charges,or expenses of Contractor;(b)alleged lost profit or <br /> I <br /> General Conditions—007200-36 <br /> i <br />