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Subcontract—December 2, 2015 <br /> IHC and Ames Construction, Inc. <br /> Page 3 of 11 <br /> If the Contractor or Owner shall order any change or extra work including any addition, reduction or deletion <br /> in the work to be performed hereunder or within the general classification of any work to be performed under <br /> this Subcontract, Subcontractor shall, upon written order of Contractor, perform the work required; and any <br /> adjustment in compensation or in time for performance shall be as the parties agree. If the parties are unable <br /> to agree, Subcontractor shall give prompt written notice thereof to Contractor but shall, nevertheless,proceed <br /> with the timely performance of the work as changed. Compensation and the time of performance shall be <br /> adjusted only to the extent allowed by the Contractor or Owner. Any such extra, changed or additional work <br /> shall be subject to all of the terms and conditions of this Subcontract. <br /> Subcontractor shall not negotiate pricing for extra work directly with the Owner. All pricing for extra work <br /> shall be directed to the Contractor to afford the Contractor the opportunity to markup the Subcontractors <br /> work in accordance with the terms and conditions of the Contract, as reimbursement for administrative <br /> expense incurred in connection with that work. <br /> The Subcontractor shall be entitled to reimbursement for any damages for delay only as the Contractor <br /> receives them from the Owner. The Subcontractor shall only be entitled to an extension of time for <br /> performing and completing the work covered by this Agreement upon the same terms and conditions an <br /> extension of time is allowable and only to the extent actually allowed to the Contractor by the Owner or its <br /> representative under the terms of the Contract. <br /> 5. Claims or requests by the Subcontractor for additional compensation or extension of time shall be governed by <br /> the Contract including all notice requirements and claim procedures described therein. Subcontract <br /> compensation and time shall be adjusted only to the extent allowed by the Owner or awarded to the <br /> Contractor through the claims process contemplated by the Contract. Subcontractor shall represent itself with <br /> respect to any claims asserted against the Owner by the Contractor at the request or direction of the <br /> Subcontractor for all matters arising out of the Subcontract and the performance of the Work described herein <br /> ("Pass-Through Claims"). Subcontractor shall indemnify, defend and hold Contractor harmless from all <br /> claims, losses,actions,lawsuits and expenses (including reasonable attorneys'fees)incurred by the Contractor <br /> during the prosecution of,or arising out of, any Pass-Through Claim. When the Contractor is required by the <br /> Contract to provide the Owner any request, notice,proposal, claim or petition within any specified number of <br /> days, which is reasonably dependent upon the Subcontractor providing supporting information and <br /> documentation for a Pass-Through Claim, then the Subcontractor shall promptly provide such information, <br /> documentation and direction to the Contractor as may be reasonably necessary so the Contractor will have a <br /> meaningful opportunity to review, evaluate and communicate with the Subcontractor regarding the merits of <br /> its Pass-Through Claim. Such information and documentation shall be prepared by the Subcontractor and <br /> presented to the Contractor in a form acceptable to the Contractor that complies with the requirements of the <br /> Contract. In the event the Subcontractor fails to provide such supporting information, documentation and <br /> direction to the Contractor at least five-(5) three (3) business days in advance of the Contractor's deadline to <br /> submit the necessary request, notice, proposal, claim or petition to the Owner, then the Subcontractor shall be <br /> deemed to have waived all rights and claims against the Contractor and the Owner with respect thereto. <br /> Any final decision concerning the Work, including, but not limited to, acceptance or rejection of the Work or <br /> any Pass-Through Claim, which is binding upon the Contractor, shall be final and binding on the <br /> Subcontractor, whether the decision is made by the Owner or any officer, agency or tribunal empowered to <br /> render such a decision under the terms of the Contract. The Contractor may dispute, litigate, appeal and/or <br /> resist in every available manner any such decision without being deemed to have waived any right, claim or <br /> defense against the Subcontractor, or to have admitted any obligation or liability to the Subcontractor with <br /> respect thereto, and nothing previously said, done, contended or stipulated by the Contractor shall be offered <br /> by the Subcontractor or received as evidence in any proceeding by the Subcontractor against the Contractor <br />