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rj <br /> and all new Work added by this CCA#3, including but not limited to any additional <br /> compensation for project management, through Full System Acceptance, as a result of <br /> any and all new Work added by this CCA#3. Provided, however, the Parties further <br /> agree that this compromise and settlement does not apply to, and shall not be <br /> construed as a controlling precedent for, any subsequent Change Orders. <br /> 4.0 Other Terms and Conditions <br /> 4.1 The following definitions shall apply to this Change Agreement. <br /> a. "Claims" means any claims, demands, suits, actions, Damages, expenses <br /> (including attorneys' fees and related costs whether or not litigation is <br /> commenced) and liabilities of any kind ("Claims"), <br /> b. "Damages" means any direct and indirect damages, including but not limited <br /> to increased direct and indirect costs, overhead, losses, delayed revenue <br /> receipts, loss of use, loss of time, loss of goodwill, inconvenience, commercial <br /> loss, lost profits or anticipated business savings, wasted management time or <br /> other indirect, incidental or consequential damages. <br /> c. "Future Delay(s)" means failure to timely complete a task with a "Finish" date <br /> after September 26, 2007(effective date of CCA#3), as specified in the New <br /> Project Schedule attached to this Agreement. <br /> d. "Past Delay(s)" means delay experienced prior to and through September 26, <br /> 2007(effective date of CCA#3); <br /> e. "Schedule Change" means the changes to the Project Schedule that are <br /> encompassed in the New Project Schedule that is attached to this Contract <br /> Change Agreement #3 in a high level outline and is subsequently approved by <br /> the Agencies in a consistent, fully-detailed version pursuant to Section 5.1 of <br /> Amendment Twenty-three, attached hereto as CCA#3-Attachment A, including <br /> (a) any Past Delays; (b) any changes in the time for the total Project Schedule, <br /> each Project and Payment Milestone and/or each listed task or activity; and (c) <br /> the past, present and future effects of Past Delays and said changes in the <br /> Project Schedule, including but not limited to any impacts, cumulative impacts, <br /> ripple effects, use of different means or methods, increased levels of effort, <br /> added resources, changed sequences, compressions, accelerations, <br /> demobilizations, inefficiencies, disruptions and other effects on the Contractor of <br /> same. The term "Schedule Change" does not include Future Delays and the <br /> impacts of Future Delays. <br /> Contract Change Agreement#3 3 <br />