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1. Except as otherwise expressly provided, Contractor will only be paid for costs it clearly and <br />convincingly proves it actually and directly incurred, and shall not include consequential or indirect <br />damages not otherwise expressly permitted by the Contract Documents. Costs and damages for <br />which Owner shall not be liable under any circumstances include, but are not limited to: (a) <br />borrowing or interest costs, charges, or expenses of Contractor; (b) alleged lost profit or Overhead <br />on any other project; and (c) Contractor's failure or inability to obtain other work. <br />2. No Contract Claim for adjustment of Contract Sum or additional compensation for extra, affected, <br />impacted or inefficient Work will be allowed where the Contractor does not keep and maintain <br />contemporaneous, complete and accurate time records for labor and equipment and <br />contemporaneous, complete and accurate records for materials and where such records do not <br />contemporaneously segregate and allocate by time, location and work the time and costs for each <br />item or element of such work. Contractor's failure to keep and maintain such records constitutes a <br />waiver of any Contract Claim or request by the Contractor for adjustment of Contract Sum for such <br />costs or event. <br />3. To the extent the Contractor is entitled to an adjustment of Contract Sum due to any Delay or <br />extension of Contract Time, Contractor shall be compensated as provided in 12.4 REMEDIES. <br />Such compensation shall be full, adequate and complete compensation for all direct, indirect, <br />cumulative, inefficiency, impact and ripple costs causing, arising out of, or relating to such delays <br />or extension. <br />4. Contractor and Owner agree that compensation to the Contractor for a Contract Claim shall not <br />exceed the Contractor's actual costs based upon Force Account as described in 9.6. FORCE <br />ACCOUNT. Contractor waives, releases, and agrees not to submit any request for adjustment of <br />Contract Sum or Contract Claim based upon a "total cost" or "modified total cost" calculation, in <br />whole or in part, but instead agrees that any and all requests for compensation shall be based upon <br />accurate, complete and contemporaneous cost records that segregate and allocate actual costs (a) <br />between base Contract Work and the work for which additional compensation is sought and (b) <br />between each item of work for which additional compensation is sought. Claims for inefficiency <br />shall only be based on and calculated by a comparison of productivity of similar Work performed in <br />an 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 />Any Extended or Unabsorbed Overhead to which the Contractor may be entitled shall be calculated using <br />the Eichleay formula by: <br />1. Determining the pro-rata amount of Overhead allocable to the subject project. This is <br />accomplished by multiplying Overhead costs by the ratio of the subject project's billings to the <br />Contractor's overall billings during the overall period of the subject Project's performance. The <br />result is "Allocable Overhead." <br />a. Any additional and unresolved direct cost claims presented by the Contractor concurrently <br />with any request for Extended and/or Unabsorbed Overhead shall not be included in <br />determining the ratio of the subject Project billings to overall Contractor billings for the <br />period of project performance. <br />2. Determining the daily amount of Allocable Overhead for the subject Project. This is <br />accomplished by dividing the Allocable Overhead for the subject Project by the number of days <br />(as contractually defined) of Contract performance. The result is the Daily Rate of Allocable <br />Overhead. <br />3. Determining the gross amount of potential additional compensation for Home Office Overhead <br />due to the project extension. This is accomplished by multiplying the Daily Rate of Allocable <br />Overhead by the number of days of project extension caused solely by the Owner. This results in <br />the Gross Amount of Additional Home Office Overhead Compensation. <br />Reservoir 3 Replacement Phase 1 <br />Work Order No. UP3739 00 72 00 <br />GENERAL CONDITIONS March 2024 <br />