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March 1, 1995 <br /> Article 39 CLAIMS FOR EXTRA COST <br /> If the Contractor claims that any instructions, by drawings or otherwise, involve extra cost under this <br /> Contract, he shall give the Project Manager and the Principal Representative written Notice thereof <br /> within a reasonable time after the receipt of such instructions. In any event, before proceeding to <br /> execute the work, except in emergency endangering life or property,the procedure shall be as provided <br /> for under Article 38, CHANGES IN THE WORK. No such claim shall be valid unless so made. <br /> In all such cases, the Contractor shall keep a correct account of the extra cost, in such form as the <br /> Project Manager may direct, and shall present such account, supported by receipts. The Principal <br /> Representative shall be entitled to reject any claim for extra cost whenever the foregoing procedure <br /> is not followed. <br /> Any claim by the Contractor arising by virtue of this purchase order contract which is not disposed of <br /> by agreement shall be submitted in writing, together with any written and oral evidence in support .. <br /> thereof, to the Principle Representative for decision. Before making a decision the Principle <br /> Representative shall notify the Contractor that any additional written and/or oral evidence in support <br /> of the claim may be presented to the Principle Representative and such evidence must be supplied <br /> within such time as may be granted by the Principle Representative. The Principle Representative shall <br /> make his decision in writing and mail or otherwise furnish a signed copy to the Contractor. Pending <br /> the decision of the Principle Representative, the Contractor shall proceed diligently with the <br /> performance of this purchase order contract. <br /> Article 40. LIQUIDATED DAMAGES <br /> If the Contractor shall neglect, fail or refuse to complete the work within the time agreed upon in this <br /> purchase order contract or any extension thereof, the Contractor shall be liable to the Principle <br /> Representative in the amount specified in the Special Conditions for this project for each and every <br /> calendar day the completion of the work is delayed beyond the time provided in this purchase order <br /> contract, as fixed and agreed liquidated damages, and not as a penalty. If the Principle Representative <br /> terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages <br /> until such reasonable time as may be required for final completion of the work along with any increased <br /> costs incurred by the Principle Representative in completing the work. If the Principle Representative <br /> does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated <br /> damages until the work is completed or accepted. <br /> The Principle Representative shall have the right to deduct from and retain out of monies which may <br /> be due or which may become due and payable to the Contractor, the amount of such liquidated <br /> damages; and if the amount so retained by the Principle Representative is insufficient to pay in full <br /> such liquidated damages, the Contractor shall pay to the Principle Representative the amount necessary <br /> to effect payment in full of such liquidated damages. <br /> Article 41. DAMAGES <br /> If either party to this Contract shall suffer damage in any manner because of any wrongful act or <br /> neglect of the other party or of anyone employed by him, then he shall be reimbursed by the other <br /> party for such damage, except that the Principal Representative shall be responsible for and at his <br /> option insure against loss of use of any of his existing property, due to fire or otherwise, however <br /> caused. <br /> Claims under this clause shall be made in writing to the party liable within a reasonable time of the first <br /> observance of such damage and not later than the time of final payment, except as expressly <br /> stipulated otherwise in the case of faulty work or materials. <br /> DMG-13 <br /> li <br />