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I <br /> 2. NoOverheadContract on anyClaim otherfor proadjject;and(ofc)Contract ContractorSum ors failureadditional or inabilitycompensation to obtain <br /> I other work. <br /> for extra,affected,impacted or inefficient Work will be allowed where the <br /> I Contractor does not keep and maintain contemporaneous,complete and accurate <br /> time records for labor and equipment and contemporaneous,complete and <br /> accurate records for materials and where such records do not contemporaneously <br /> segregate and allocate by time,location and work the time and costs for each <br /> i item or element of such work.Contractor's failure to keep and maintain such <br /> records constitutes a waiver of any Contract Claim or request by the Contractor <br /> for adjustment of Contract Sum for such costs or event. <br /> I 3. To the extent the Contractor is entitled to an adjustment of Contract Sum due to <br /> any Delay or extension of Contract Time,Contractor shall be compensated as <br /> provided in 12.4 REMEDIES. Such compensation shall be full,adequate and <br /> I complete compensation for all direct, indirect,cumulative,inefficiency, impact <br /> and ripple costs causing,arising out of,or relating to such delays or extension. <br /> 4. Contractor and Owner agree that compensation to the Contractor for a Contract <br /> I Claim shall not exceed the Contractor's actual costs based upon Force Account <br /> as described in 9.6.FORCE ACCOUNT. Contractor waives,releases,and <br /> agrees not to submit any request for adjustment of Contract Sum or Contract <br /> I Claim based upon a"total cost"or"modified total cost"calculation,in whole or <br /> in part,but instead agrees that any and all requests for compensation shall be <br /> based upon accurate,complete and contemporaneous cost records that segregate <br /> 1 and allocate actual costs(a)between base Contract Work and the work for which <br /> additional compensation is sought and(b)between each item of work for which <br /> additional compensation is sought. Claims for inefficiency shall only be based <br /> on and calculated by a comparison of productivity of similar Work performed in <br /> Ian unaffected or least affected area of the Project. <br /> 5. No claim for consequential damages of any kind will be allowed. <br /> 9.5.3 Unabsorbed and Extended Overhead <br /> II Any Extended or Unabsorbed Overhead to which the Contractor may be entitled shall be calculated using <br /> the Eichleay formula by: <br /> I 1. Determining the pro-rata amount of Overhead allocable to the subject project. <br /> This is accomplished by multiplying Overhead costs by the ratio of the subject <br /> project's billings to the Contractor's overall billings during the overall period <br /> I of the subject Project's performance.The result is"Allocable Overhead." <br /> a. Any additional and unresolved direct cost claims presented by the <br /> Contractor concurrently with any request for Extended and/or <br /> I Unabsorbed Overhead shall not be included in determining the ratio <br /> of the subject Project billings to overall Contractor billings for the <br /> period of project performance. <br /> I 2. Determining the daily amount of Allocable Overhead for the subject Project. <br /> This is accomplished by dividing the Allocable Overhead for the subject <br /> Project by the number of days(as contractually defined)of Contract <br /> I performance. The result is the Daily Rate of Allocable Overhead. <br /> 3. Determining the gross amount of potential additional compensation for Home <br /> Office Overhead due to the project extension. This is accomplished by <br /> Imultiplying the Daily Rate of Allocable Overhead by the number of days of <br /> - General Conditions—007200-37 <br /> I <br />