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<br /> 1 19. Depreciation records on all company Equipment whether these records are
<br /> 2 maintained by the company involved, its accountant, or others. I
<br /> 3 20. If a source other than depreciation records is used to develop costs for the
<br /> 4 Contractor's internal purposes in establishing the actual cost of owning and
<br /> 5 operating Equipment, all such other source documents which support the '
<br /> 6 amount of damages as to each Contract Claim.
<br /> 7 21. Worksheets or software used to prepare the Contract Claim establishing the
<br /> 8 cost components for items of the Contract Claim including but not limited to
<br /> 9 labor, benefits and insurance, materials, Equipment, subcontractors, all
<br /> 10 documents which establish the time periods, individuals involved, the hours
<br /> 11 for the individuals, and the rates for the individuals.
<br /> 12 22. Worksheets, software, and all other documents used by the Contractor to
<br /> 13 prepare its bid. The employees or representatives of the Owner may audit
<br /> 14 these documents. The Contractor and its subcontractors shall provide
<br /> 15 adequate facilities acceptable to the Owner for the audit during normal II
<br /> 16 business hours. The Contractor and all subcontractors shall cooperate with
<br /> 17 the Owner's auditors.
<br /> 18 23. Correspondence, notes, and memoranda.
<br /> 19 24. Job diaries.
<br /> 20
<br /> 21 1-09.13 Claims Resolution111
<br /> 22
<br /> 23 Section 1-09.13 is deleted and replaced with the following:
<br /> 24
<br /> 25 If a dispute arises out of or relates to this contract or the breach thereof and if the
<br /> 26 dispute cannot be settled through negotiation, the parties agree first to try in good faith to
<br /> 27 settle the dispute by mediation. If the parties cannot agree upon a mediator, or if a
<br /> 28 dispute arises between the parties relating to the mediation process, then the mediation
<br /> 29 shall be administered by the American Arbitration Association under its Commercial
<br /> 30 Mediation Procedures before resorting to litigation, or some other dispute resolution
<br /> 31 procedure, such as a mutually agreed arbitration process.
<br /> 32
<br /> 33 1-09.14 Patents and Royalties
<br /> 34
<br /> 35 Should the Contractor, its agent, employee or any of them be enjoined from furnishing or
<br /> 36 using any invention, article, material or plans supplied or required to be supplied or used
<br /> 37 under this Contract, Contractor shall promptly pay such royalties and secure requisite
<br /> 38 licenses; or, subject to acceptance by Owner, substitute other articles, materials, or
<br /> 39 appliances in lieu thereof which are of equal efficiency, quality, finish, suitability and
<br /> 40 market value to those planned or required under the Contract. Descriptive information of
<br /> 41 these substitutions shall be submitted to the Owner's Representative for determination of
<br /> 42 general conformance to the design concept and the construction Contract. Should
<br /> 43 Owner elect to refuse the substitution, Contractor agrees to pay such royalties and
<br /> 44 secure such valid licenses as may be requisite for the Owner, its officers, agents and
<br /> 45 employees or any of them, to use such invention, article, material or appliance without
<br /> 46 being disturbed or in any way interfered with by any proceeding in law or equity on
<br /> 47 account thereof.
<br /> 48
<br /> 49 Costs involved in fees, royalties, or claims for any patented invention, article, process or
<br /> 50 method that may be used upon or in a manner connected with the work under this '
<br /> 51 Contract or with use of completed work by the Owner shall be paid by the Contractor.
<br /> 52 The Contractor and its sureties shall protect and hold the Owner, Owner's
<br /> 53 Representative, and Owner's Representative, together with its officers, agents, and
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