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In all such cases, the Contractor shall keep a correct account of the extra cost, in such form as the <br /> Principle Representative may direct, and shall present such account, supported by receipts. The <br /> Principal Representative shall be entitled to reject any claim for extra cost whenever the foregoing <br /> procedure is not followed. <br /> The payments to the Contractor in respect of such extra costs shall be limited to reimbursement for <br /> the current additional expenditure by the Contractor made necessary by the change in the work, plus <br /> a reasonable amount of overhead and profit, determined solely with reference tot he additional work, <br /> if any, 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 <br /> shall be submitted in writing, together with any written and oral evidence in support thereof, to the <br /> Principle Representative for decision. Before making a decision the Principle Representative may notify <br /> the Contractor that additional written and/or oral evidence in support of the claim is required. If such <br /> notice is given, Contractor shall proved additional evidence to the Principle Representative within the <br /> time specified by the Principle Representative in the notice. The Principle Representative shall make <br /> his decision in writing and mail or otherwise furnish a signed copy to the Contractor. Pending the <br /> decision of the Principle Representative, the Contractor shall proceed diligently with the performance <br /> 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 <br /> the amount specified in the Special Conditions for this project for each and every calendar day the <br /> completion of the work is delayed beyond the time provided in this Agreement, as fixed and agreed <br /> liquidated damages, and not as a penalty. If the Principle Representative terminates the Contractor's <br /> right to proceed, the resulting damage will consist of liquidated damages until such reasonable time <br /> as may be required for final completion of the work along with any increased costs incurred by the <br /> Principle Representative in completing the work. If the Principle Representative does not terminate the <br /> Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work <br /> 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 /> 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 <br /> Surety may, without prejudice to any other remedy he may have, make good such deficiencies and <br /> may deduct the cost thereof from the payment then or thereafter due the Contractor. <br /> Colorado Division of Minerals & Geology GENERAL BID SPECIFICATIONS <br /> 1996 <br /> Page 14 <br />