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c. where one or more tiers of subcon- limited to, acts or neglect by OWNER, acts or neglect tracts are on the basis of Cost of the Work of utility owners or other contractors performing other plus a fee and no fixed fee is agreed upon, work as contemplated by Article 7, fires, floods, the intent of paragraph 12.01.C.2.a is that epidemics, abnormal weather conditions, or acts of the Subcontractor who actually performs God. the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such 12.04 Delays Within CONTRACTOR's Control Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier A. The Contract Times(or Milestones)will not be Subcontractor and CONTRACTOR will extended due to delays within the control of each be paid a fee of five percent of the CONTRACTOR. Delays attributable to and within the amount paid to the next lower tier Subcon- control of a Subcontractor or Supplier shall be tractor; deemed to be delays within the control of CONTRAC- TOR. d. no fee shall be payable on the basis of costs itemized under paragraphs 12.05 Delays Beyond OWNER's and 11.01.A.41 11.01.A.5, and 11.01.13; CONTRACTOR's Control e. the amount of credit to be allowed A. Where CONTRACTOR is prevented from by CONTRACTOR to OWNER for any completing any part of the Work within the Contract change which results in a net decrease in Times (or Milestones) due to delay beyond the control cost will be the amount of the actual net of both OWNER and CONTRACTOR, an extension of decrease in cost plus a deduction in the Contract Times (or Milestones) in an amount CONTRACTOR's fee by an amount equal equal to the time lost due to such delay shall be to five percent of such net decrease; and CONTRACTOR's sole and exclusive remedy for such delay. f. when both additions and credits are involved in any one change, the adjustment 12.06 Delay Damages in CONTRACTOR's fee shall be computed on the basis of the net change in A. In no event shall OWNER or ENGINEER be accordance with paragraphs 12.01.C.2.a liable to CONTRACTOR, any Subcontractor, any through 12.01.C,2.e, inclusive. Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for 12.02 Change of Contract Times damages arising out of or resulting from: A. The Contract Times (or Milestones) may only 1. delays caused by or within the control be changed by a Change Order or by a Written of CONTRACTOR; or Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on 2. delays beyond the control of both written notice submitted by the party making the claim OWNER and CONTRACTOR including but not to the ENGINEER and the other party to the Contract limited to fires, floods, epidemics, abnormal in accordance with the provisions of paragraph 10.05. weather conditions, acts of God, or acts or neglect by utility owners or other contractors B. Any adjustment of the Contract Times (or performing other work as contemplated by Milestones) covered by a Change Order or of any Article 7. Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the B. Nothing in this paragraph 12.06 bars a provisions of this Article 12. change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, 12.03 Delays Beyond CONTRACTOR's Control interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom A. Where CONTRACTOR is prevented from OWNER is responsible. completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones)will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be 00700-General Conditions REV 04-07.doc 00700-34 FAPublic Works\ENGINEERING DIVISION PROJECTSl1210-Sandridge Driving Range Tee Renovatio0Adrnimlbid documents100700-General Conditions REV 04-07.doe SmeadSoft Reprint Date:Monday,January 11,2016-09:22:10-OfficialDocuments:9069,Attachment Id 1,Page 101