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I <br /> I <br /> 9.4. COMPENSATION TO OWNER FOR TIME EXTENSION <br /> The Owner shall be compensated by the Contractor for the actual costs to the Owner of engineering, <br /> I <br /> inspection, general supervision,right-of-way costs, permit fees, Overhead expenses, and any other <br /> ascertainable direct costs to the Owner that are directly chargeable to the Work and which accrue during <br /> the period of such extension. The actual costs do not include charges for final inspection and preparation <br /> of the final payment by the Owner. 111 <br /> 9.5. ADJUSTMENT OF CONTRACT SUM <br /> 9.5.1 Calculation I <br /> Except as otherwise expressly provided in these General Conditions, any and all adjustments of Contract <br /> Sum shall be determined as follows: <br /> II <br /> 1. If the parties are able to agree,the price will be determined by using: <br /> a. Unit prices, if the Work items are defined by unit prices;and <br /> b. Other prices agreed upon by the Contractor and Owner for Work not defined by unit prices. I <br /> 2. If the parties cannot agree,the Owner's Representative will determine the price pursuant to the <br /> following order: <br /> a. Unit prices, if the Work items are defined by unit prices;and <br /> b. Other means to establish the reasonable cost of the Work if it is not defined by unit prices, <br /> including,but not limited to,Force Account as described in 9.6.FORCE ACCOUNT,the <br /> 111 <br /> Schedule of Values,or estimating manuals. <br /> 9.5.2 Limitations <br /> The following limitations shall apply in determining the amount of an adjustment: I <br /> 1. Except as otherwise expressly provided,Contractor will only be paid for costs it clearly and <br /> convincingly proves it actually and directly incurred,and shall not include consequential or indirect <br /> I <br /> damages not otherwise expressly permitted by the Contract Documents. Costs and damages for <br /> which Owner shall not be liable under any circumstances include,but are not limited to:(a) <br /> borrowing or interest costs,charges,or expenses of Contractor; (b)alleged lost profit or Overhead <br /> on any other project;and(c)Contractor's failure or inability to obtain other work. I <br /> 2. No Contract Claim for adjustment of Contract Sum or additional compensation for extra,affected, <br /> impacted or inefficient Work will be allowed where the Contractor does not keep and maintain <br /> contemporaneous,complete and accurate time records for labor and equipment and <br /> contemporaneous,complete and accurate records for materials and where such records do not <br /> contemporaneously segregate and allocate by time,location and work the time and costs for each <br /> item or element of such work.Contractor's failure to keep and maintain such records constitutes a <br /> waiver of any Contract Claim or request by the Contractor for adjustment of Contract Sum for such <br /> costs or event. <br /> 3. To the extent the Contractor is entitled to an adjustment of Contract Sum due to any Delay or <br /> extension of Contract Time,Contractor shall be compensated as provided in 12.4 REMEDIES. <br /> Such compensation shall be full,adequate and complete compensation for all direct,indirect, <br /> cumulative,inefficiency, impact and ripple costs causing,arising out of,or relating to such delays <br /> I <br /> or extension. <br /> 4. Contractor and Owner agree that compensation to the Contractor for a Contract Claim shall not <br /> exceed the Contractor's costs based upon Force Account as described in 9.6. FORCE ACCOUNT. <br /> I <br /> Contractor waives,releases,and agrees not to submit any request for adjustment of Contract Sum or <br /> Contract Claim based upon a"total cost"or"modified total cost"calculation, in whole or in part, <br /> but instead agrees that any and all requests for compensation shall be based upon accurate,complete <br /> - <br /> General Conditions—007200-34 I <br /> 1 <br />