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Subcontract#: 061804-017 <br /> Page 14/Rev 171204 <br /> a) Subcontractor shall not make any substitutions in or changes to the Work or procedures or <br /> methods for performing the Work unless it receives written approval for such change from <br /> Contractor. <br /> b) Subcontractor is not entitled to any additional compensation for changes unless the Work was <br /> done in accordance with a written change order signed by Contractor prior to the <br /> commencement of the changed Work. Change order requests submitted without prior written <br /> approval from Contractor after a change has been performed will constitute a waiver of such <br /> claim by Subcontractor and, therefore, will not be paid and will not constitute unjust <br /> enrichment. <br /> c) For changes directed by Contractor for extra Work, a written change order must be signed by <br /> both Parties, clearly stating all phases of the agreement as to the extra Work, including an <br /> equitable adjustment in the Subcontract Amount. Contractor shall pay for accepted extra Work <br /> through normal progress payments. For changes hereunder that reduce the scope of work or <br /> otherwise omit certain portions thereof, the Subcontract Amount shall decrease accordingly. <br /> d) Contractor shall notify Subcontractor as soon as possible of any changes in the Prime <br /> Contract initiated by Owner or Owner's Representative, or which arise from acts or omissions <br /> of Owner or Owner's Representative, or which arise from defects in the Contract Documents, <br /> and shall give a directive on how to proceed with the Work. Subcontractor shall submit any <br /> claims it may have, including any request for an adjustment in the Subcontract Amount, project <br /> schedule, or other provisions in the Contract Documents, as soon as possible but no later than <br /> seven (7) days of Subcontractor receiving the directive from Contractor. Subcontractor must <br /> give Contractor notice of impending claims in writing in sufficient time and form to allow <br /> Contractor to process such claims within the time and in the manner provided for in the Prime <br /> Contract. Adjustments to the Contract Documents shall be made only to the extent and in the <br /> manner that Contractor is entitled to relief from, or must grant relief to, Owner. <br /> e) Changes in quantities less than the threshold amount under the Prime Contract shall not <br /> require a change order, and Contractor's quantity computations shall be final for purposes of <br /> payment. <br /> 3.9 Delays: In the case of delay of Subcontractor's performance of its Work: <br /> a) Subcontractor is only entitled to an adjustment of the time provided under the Contract <br /> Documents if Subcontractor notified Contractor in writing of the event giving rise to the delay <br /> within forty-eight (48) hours after such event occurred and Contractor obtains an extension of <br /> time from Owner under the Prime Contract. In no event shall the extension of time be longer <br /> than the time extension granted to Contractor under the Prime Contract. <br /> b) Subcontractor shall not be entitled to any increase in the Subcontract Amount, or cost <br /> reimbursement, or for damages resulting from any delays or suspension of work, ;a@ 466< e <br /> } +qt ;7�. unless the increase, reimbursement or damages is/are <br /> agreed to and paid for by Owner. <br /> c) The unavailability of materials, equipment, or labor will not be reason for delay of the Work. <br /> d) The pendency of any claim for payment or dispute shall not suspend or stay Subcontractor's <br /> obligations under this Agreement and Subcontractor shall continue the Work without <br /> interruption. <br /> Equal Opportunity/Affirmative Action Employer <br />