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In all such cases,the Contractor shall keep a correct account of the extra cost, in such form as the Principle <br /> Representative 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 is not <br /> followed. <br /> The payments to the Contractor in respect of such extra costs shall be limited to reimbursement for the <br /> current additional expenditure by the Contractor made necessary by the change in the work, plus a <br /> reasonable amount of overhead and profit, determined solely with reference tot he additional work, if any, <br /> required by the change, at or prior to the time of making the change. <br /> Any claim by the Contractor arising by virtue of the Contract which is not disposed of by agreement shall be <br /> submitted in writing, together with any written and oral evidence in support thereof, to the Principle <br /> Representative for decision. Before making a decision the Principle Representative may notify the <br /> Contractor that additional written and/or oral evidence in support of the claim is required. If such notice is <br /> given, Contractor shall proved additional evidence to the Principle Representative within the time specified <br /> by the Principle Representative in the notice. The Principle Representative shall make his decision in writing <br /> and mail or otherwise furnish a signed copy to the Contractor. Pending the decision of the Principle <br /> Representative,the Contractor shall proceed diligently with the performance of the 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 /> Agreement or any extension thereof, the Contractor shall be liable to the Principle Representative in the <br /> amount specified in the Special Conditions for this project for each and every calendar day the completion <br /> of the work is delayed beyond the time provided in this Agreement,as fixed and agreed liquidated damages, <br /> and not as a penalty. If the Principle Representative terminates the Contractor's right to proceed, the <br /> resulting damage will consist of liquidated damages until such reasonable time as may be required for final <br /> completion of the work along with any increased costs incurred by the Principle Representative in completing <br /> the work. If the Principle Representative does not terminate the Contractor's right to proceed,the resulting <br /> damage will consist of liquidated 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 be due <br /> or which may become due and payable to the Contractor,the amount of such liquidated damages;and if <br /> the amount so retained by the Principle Representative is insufficient to pay in full such liquidated damages, <br /> the Contractor shall pay to the Principle Representative the amount necessary to effect payment in full of <br /> 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 neglect of <br /> the other party or of anyone employed by him, then he shall be reimbursed by the other party for such <br /> damage,except that the Principal Representative shall be responsible for and at his option insure against <br /> loss of use of any of his existing property, due to fire or otherwise, however 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 stipulated <br /> otherwise in the case of faulty work or materials. <br /> Article 42. STATES RIGHT TO DO THE WORK <br /> If the Contractor should neglect to prosecute the work properly or fail to perform any provision of the <br /> Contract,the Principal Representative,after seven (7)days'written notice to the Contractor and the Surety <br /> may,without prejudice to any other remedy he may have; make good such deficiencies and may deduct the <br /> cost thereof from the payment then or thereafter due the Contractor. <br /> Colorado Division of Minerals&Geology GENERAL BID SPECIFICATIONS <br /> 1996 Page14 <br />