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e) General and administrative Overhead in an amount to be agreed upon, but <br /> not to exceed three percent (3%) of original Contract Sum divided by the <br /> Contract Time for each day of the Delay. <br /> 2) Owner shall not owe Contractor compensation for extended Overhead or other <br /> delay costs where Contractor contributed to or is concurrently responsible for the <br /> Delay. <br /> b. Adjustment of Contract Time <br /> 1) If the Contractor is entitled to an adjustment of Contract Time because of a Delay <br /> solely caused by the Owner that does not relate to Extra Work, Contractor shall <br /> be entitled to an adjustment of Contract Time to the extent the Delay increases <br /> the duration of the Project, as measured by the critical path and as demonstrated <br /> pursuant to the requirements of 5.2.C. Extensions of Contract Time. <br /> 2. Contractor Caused Delay <br /> a. If the Contractor is solely responsible for any Delay to any interim milestone, <br /> Substantial Completion, Physical Completion or the Completion Date, the Owner shall <br /> be entitled to liquidated or other damages as provided elsewhere in the Contract <br /> Documents. <br /> b. The Contractor accepts the risk of any Delays caused by strikes, work slowdowns,job <br /> actions and labor unrest of any kind. <br /> c. Contractor shall not be entitled to any increase in Contract Sum or Contract Time due <br /> to a Delay it caused. <br /> 3. Delays Concurrently Caused by Contractor and Owner <br /> a. If the Owner and the Contractor cause a Delay concurrently, neither the Owner nor the <br /> Contractor shall be liable to the other except as provided herein. <br /> 1) Adjustment of Contract Sum <br /> a) The Contractor shall not be entitled to any adjustment in Contract Sum for <br /> Delays concurrently caused by the Owner and the Contractor. <br /> 2) Adjustment of Contract Time <br /> a) The Contractor shall be entitled to an extension of Contract Time for the <br /> Owner caused portion of any Delay concurrently caused by the Owner and <br /> Contractor to the extent the Owner caused the Delay to extend longer than if <br /> the Contractor had solely caused the Delay. <br /> 4. Third Party Caused Delays and Force Majeure <br /> a. Caused Solely by Third Parties or Force Majeure <br /> 1) Adjustment of Contract Sum <br /> a) The Owner and the Contractor shall not be responsible to compensate each <br /> other financially for any Delay solely caused by a third party for whom <br /> neither the Contractor nor the Owner is responsible, or for any Delay caused <br /> solely by earthquake, flood, natural disasters, acts of war or acts of <br /> terrorism. <br /> b) A Delay caused by a utility's failure to provide service or relocate its lines <br /> (despite a timely request for such service or relocation) is an example of this <br /> kind of Delay for which neither the Contractor nor the Owner is financially <br /> responsible to the other. <br /> c) Mislocated utility lines or utility lines not located are another example of a <br /> Delay for which neither the Contractor nor the Owner is responsible to the <br /> other. <br /> i) However, the Contractor's failure to request a utility locate or relocation <br /> in a timely way is not, and any resulting Delay would be the <br /> WFP Operations Building Seismic Retrofit-Rebid January 6,2017 <br /> WO#UP3600 007213 -57 <br />