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In all such cases, the Contractor shall keep a correct account of the extra cost, in such tone as the Principle Representative may direct, and shall present such account, supported by receipts. The Principal Representative shall be entitled to reject any claim for extra cost whenever the foregoing procedure is not followed. - The payments to the Contractor in respect of such extra costs shall be limited to reimbursement for the current additional expenditure by the Contractor made necessary by the change in the work, plus a reasonable amount of overhead and profit, determined solely wtth reference tot he additional work, 'rf any, required by the change, at or prior to the time of making the change. Any claim by the Contractor arising by virtue of the Contract which is not disposed of by agreement shall be submitted in writing, together with any written and oral evidence in support thereof, to the Principle Representative for decision. Before making a decision the Principle Representative may notify the Contractor that additional written and/or oral evidence in support of the claim is required. If such notice is given, Contractor shall proved addrtional evidence to the Principle Representative within the time specified by the Principle Representative in the notice. The Principle Representative shall make his decision in writing and mail or otherwise furnish a signed copy to the Contractor. Pending the decision of the Principle Representative, the Contractor shall proceed diligently with the performance of the Contract. Article 40. LIQUIDATED DAMAGES If the Contractor shall neglect, fail or refuse to complete the work within the time agreed upon in this Agreement or any extension thereof, the Contractor shall be liable to the Principle Representative in the amount spec'Ified in the Special Conditions for this project for each and every calendar day the completion of the work is delayed beyond the time provided in this Agreement, as fixed and agreed liquidated damages, and not as a penalty. If the Principle Representative terminates the Contractor's right to proceed, the resul~ng damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work along with any increased costs incurred by the Principle Representative in crompleting the work. If the Principle Representative does not terminate the Contractor's right to proceed, the resuRing damage will consist of liquidated damages until the work is completed or accepted. The Principle Representative shall have the right to deduct from and retain out of monies which may be due or which may become due and payable to the Contractor, the amount of such liquidated damages; and ff the amount so retained by the Principle Representative is insufficient to pay in full such liquidated damages, the Contractor shall pay to the Principle Representative the amount necessary to effect payment in full of such liquidated damages. Article 41. DAMAGES If either party to this Contract shall suffer damage in any manner because of any wrongful act or neglect of the other party or of anyone employed by him, then he shall be reimbursed by the other party for such damage, except that the Principal Representative shall be responsible for and at his option insure against loss of use of any of his existing property, due to fire or otherwise, however caused. Claims under this clause shall be made in writing to the party liable within a reasonable time of the first observance of such damage and not later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials. Article 42. STATES RIGHT TO DO THE WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of the Contract, the Principal Representative, after seven (7) days' written notice to the Contractor and the Surety may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. Colorado Division o1 Minerals $ Geology GENERAL BID SPECIFICATIONS 1996 Page t4