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provide the following information within seven ( 7 ) days of commencement of the delay . Contractor acknowledges that the evaluation of time extensions will be based on the following information : 1 . All schedule updates , submittals and other conditions of the Contract have been met ; 2 . The delay is beyond the control of the Contractor and subcontractors and due to no direct or indirect fault of the Contractor. 3 . Nature of the delay . 4 . Dates of commencement / and end of delay . 5 . Evidence that the delayed work results in a direct delay to the schedule critical path . 6 . List of tasks/work affected by the delay . 7 . Anticipated extent of delay . 8 . Recommended action to minimize delay . 9 . The Contractor has used all the float time available for the work involved in the delay request. Time extensions for weather delays will only be considered if all float time is exhausted prior to the weather occurrence . Failure of Contractor to timely request a time extension constitutes a waiver by Contractor and a denial of a time extension . If the Contractor is delayed at any time in the progress of the work by any act or neglect of the Owner, or if any employee of the Owner or by any separate Contractor employed by the Owner or by any changes ordered in the work , by labor disputes , fire , or unusual delay in transportation , unavoidable casualties or any causes beyond the Contractor' s control or by delay authorized by the Owner pending resolution of disputes , and such delay extends the Project completion date , Substantial Completion shall be extended by Change Order for such reasonable time as the Owner may determine . GC 43 NO DAMAGES FOR DELAY ; EXCLUSIVE REMEDY . The Contractor expressly agrees that a change order for an extension of the project completion date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact- based claims ( hereinafter collectively "delay" ) or for delay attributable to any foreseen or unforeseen condition , or for delays claimed to be the result of active , intentional , knowing or passive interference by the Owner, Engineer, or agents of either, and waives claims for any and all damages which it may suffer by reason of such claims , including but not limited to , lost profits , loss or impairment of bonding capacity , destruction of business , overhead , supervision , extended unabsorbed home office overhead , increase insurance costs , lost profits on alternate or unperformed contracts . Contractor hereby affirms that an extension of time is the Contractor' s sole and exclusive remedy . Apart from extension of time , no payment of claim for damages shall be made to the Contractor as compensation for damages for any delays in the work , whether such delay be avoidable or unavoidable . GC 44 PAYMENT PROCEDURE . GC 44 . 1 Contractor' s invoices shall reference the bid number. Submittals of estimates and invoices for payment must be directed to : Indian River County — Accounts Payable , The County will not be responsible for any delay in payment at the County if Contractor submits his estimate and invoice to any other address . GC 44 . 2 Initial Payment. Prior to submittal of its initial payment request , Contractor shall have submitted the following items to the Engineer: 1 . List of Subcontractors and suppliers 2 . Project schedule 3 . Schedule of values 4 . All current certificates of insurance 5 . Designation of Contractor' s Project Manager 42 12/1 /2009 3:45:46 PM