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b. Disclose the details of Contractor generated billings and Contractor Overhead Costs (as <br />hereinafter defined) throughout the actual project performance. The details of such <br />information should be no less than specific identification of the sources and amounts of <br />revenue on no greater than a monthly basis and specific identification of the types and <br />amounts of Contractor Overhead Costs on no greater than a monthly basis for the actual <br />Project duration. <br />12.4.3.5.2.3 Overabsorbed Overhead <br />To demonstrate that it did not incur Overabsorbed Overhead in the period following the Delay <br />(12.4.3.5.2.(5)), the Contractor must: <br />a. Affirmatively represent and warrant that completion of the delayed Work prevented the <br />performance of other work; <br />b. Identify the critical resource unavailable for other work due to completion of the delayed <br />Contract; and <br />c. Showing that unavailability of this critical resource precluded the performance of other work. <br />12.4.4 Inefficiencies <br />12.4.4.1 Adjustment of Contract Sum <br />To the extent Contractor is entitled to an increase in Contract Sum because of inefficiencies or impaired <br />productivity, then compensation due, if any, shall be calculated as provided in 9.5. ADJUSTMENT OF <br />CONTRACT SUM. There is no entitlement to increase in Contract Sum for inefficiencies related to a <br />Third Party or to a Force Majeure Event. <br />12.4.4.2 Adjustment of Contract Time <br />To the extent Contractor is entitled to an extension of Contract Time because of inefficiencies or impaired <br />productivity, then the time extension, if any, shall be determined as provided in 5.2.2.2 Extensions of <br />Contract Time. <br />13. DISPUTES <br />13.1 RESOLUTION <br />When a Dispute occurs during a Contract, the Contractor shall pursue resolution through the Owner's <br />Representative. The Contractor shall follow the procedure stated in 12. CONTRACT CLAIMS herein <br />and 5.2.2.2 Extensions of Contract Time for issues regarding the schedule and Contract Time. Timely <br />and adequate Notice is a condition precedent to a Contract Claim. Timely and complete submission of a <br />Contract Claim is a condition precedent to any entitlement by the Contractor to an adjustment of Contract <br />Sum or Contract Time. Unless waived by the Owner, mediation is a condition precedent to the filing of <br />any lawsuit, action or proceeding that seeks to recover on a Contract Claim, whether in whole or in part. <br />13.2 CONTINUING THE WORK <br />Contractor shall carry on the Work and adhere to the schedule during all disputes or disagreements with <br />Owner. No Work shall be delayed or postponed pending resolution of Disputes or disagreements, except <br />as permitted by paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. <br />14. TIME LIMITATIONS AND JURISDICTION <br />The parties intend that all Claims and Disputes be dealt with promptly and expeditiously when they arise. <br />The parties intend that all Claims and Disputes be resolved quickly and expeditiously and desire to avoid <br />claims and Disputes that relate back to events or Work occurring months before. The parties desire to <br />avoid litigation and the costs and expense of Claims and Disputes at the end of the Project. <br />Reservoir 3 Replacement Phase 1 <br />Work Order No. UP3739 00 72 00 <br />GENERAL CONDITIONS March 2024 <br />