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responsibility of the Contractor. Because the Contractor is responsible <br /> for ordering materials and Equipment, Contractor shall not be entitled to <br /> an adjustment of Contract Time or Contract Sum due to Delays caused <br /> by the lack of materials or Equipment. A strike,job action, slowdown, <br /> work to rule, or other job action or labor dispute or problem is not a <br /> Delay caused by a third party for the purposes of 12.4.0 Delays. <br /> 2) Adjustment of Contract Time <br /> a) The Contractor shall be entitled to an extension of Contract Time for Delays <br /> caused solely by a third party for whom neither the Contractor nor the <br /> Owner is responsible, or for any Delay caused solely by earthquake, flood, <br /> natural disasters, acts of war or acts of terrorism. Extension of Contract <br /> Time shall be determined pursuant to 5.2. C. Extensions of Contract <br /> Time. <br /> b. Caused Concurrently by Third Parties and Contractor or Owner <br /> 1) If a Delay is caused concurrently by (a) a third party, earthquake, flood, natural <br /> disasters, acts of war or acts of terrorism and (b) either the Contractor or the <br /> Owner, then the Contractor or Owner is only responsible for the amount of Delay <br /> it caused in excess of the Delay caused by the a third party, earthquake, flood, <br /> natural disasters, acts of war or acts of terrorism. <br /> 2) Adjustment of Contract Sum <br /> a) The Contractor shall be entitled to an adjustment of Contract Sum for any <br /> Delay concurrently caused by a third party and the Owner, but only to the <br /> extent Contractor clearly and convincingly demonstrates that the Owner <br /> caused the Delay to be longer than it would have been had it been caused <br /> solely by the third party. <br /> 3) Adjustment of Contract Time <br /> a) The Contractor shall be entitled to an adjustment of Contract Time for any <br /> Delay concurrently caused by a third party and the Owner, but only to the <br /> extent Contractor clearly and convincingly demonstrates that the Owner <br /> caused the Delay to be longer than it would have been had it been caused <br /> solely by the third party. <br /> 5. Extended or Unabsorbed Overhead <br /> a. General <br /> 1) To present a request for additional compensation for Extended or Unabsorbed <br /> Overhead, the Contractor has the burden of keeping and maintaining accurate <br /> documentation to support any such claim. If the Contractor fails to provide or <br /> keep adequate financial data for an accurate and fair Eichleay calculation, <br /> Contractor waives and releases any claim for Unabsorbed or Extended Overhead. <br /> In presenting any claim under this section of the Contract, the Contractor agrees <br /> to provide to the Owner any and all financial data needed by the Owner, or its <br /> representative, to review, substantiate and evaluate any claim for Extended <br /> and/or Unabsorbed Home Office Overhead. Failure to provide the requested <br /> information shall constitute waiver by the Contractor. <br /> 2) If Contractor is entitled to an adjustment of Contract Sum for Unabsorbed or <br /> Extended Overhead, it shall be calculated as provided in 9.6. Unabsorbed and <br /> Extended Overhead. <br /> b. Elements <br /> 1) Contractor shall only be entitled to an adjustment of Contract Sum for <br /> Unabsorbed or Extended Overhead if it clearly and convincingly demonstrates all <br /> of the following: <br /> WFP Operations Building Seismic Retrofit-Rebid January 6,2017 <br /> WO#UP3600 007213 - 58 <br />