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M • unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement, be encountered, the GMP and the Construction Completion Date shall be equitably adjusted by Change Order upon a request for Change Order in accordance with Article 10.2. 10.2 Claims for Additional Cost or Time All claims for additional cost or time shall be made by request for a Change Order submitted as provided in Article 16. If the Contractor is delayed at any time in the progress of the work by any act or neglect of the Owner or the Architect or of any employee of either 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 Completion Date, the Substantial Completion shall be extended by Change Order for such reasonable time as the Construction Team may determine. Any such claims for additional cost or time must be approved by Indian River County. Only delays which are determined to extend the critical path of the Schedule for constructing the Project will result in a time extension. Neither the Owner nor the Contractor shall be considered to own the schedule float time. 10.3 Minor Chante in the Project The Architect -Engineer will have authority to order minor changes in the Project not involving an adjustment in the GMP or an extension of the Construction Completion Date and not inconsistent with the intent of the Drawings and Specifications. Such changes shall be effected by written order. Documentation of changes shall be determined by the Construction Team, including the Project Manual and displayed monthly in the PMIS. Changes shall be approved by the Project Manager, Architect -Engineer. 10.4 Ema gencie In any emergency affecting the safety of persons or property, the Contractor shall act at his discretion, to prevent threatened damage, injury or loss. Any increase in the GMP or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Article 10. ARTICLE 11 DISCOUNTS AND PENALTIES 11.1 All discounts for prompt payment shall accrue to the Owner to the extent the Cost of the Project is paid directly by the Owner or from a fund made available by the Owner to the Contractor for such payments. To the extent the Cost of the Project is paid with funds to the Contractor, all cash discounts shall accrue to the Contractor. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the Project. All penalties incurred due to the fault of the Contractor for late payment of Cost of the Project will be paid by the Contractor. ARTICLE 12 PAYMENTS TO THE CONTRACTOR 12.1 Monthly Statements The Contractor shall submit to the Owner a statement, sworn to if required, along with the cost reports required under Article 2.1.5, showing in detail all monies paid out, cost accumulated or costs incurred on account of the Cost of the Project during the previous period and the amount of the Contractor's fees due as provided in Article 8. This data shall be attached to the Partial Pay Request form. Ten percent (101/6) retainment shall be held on all payments until the contract is fifty percent (50%) complete. Except when approved by the Owner, certain suppliers and subcontractors may be paid the entire amount due when such payment is generally the practice of the industry. At 50% completion, the Owner may approve a reduction of the retainment from 10% to 5% at his discretion. Retainment shall not be withheld on services or fees set forth in Article 8. Payments by the Owner to the Contractor shall be mad: as described in Article 17.6, hereinafter. 12.2 Final Payment Final Payment constituting the unpaid balance of the Cost of the Project and the Contractor's Fee, shall be due and payable as described in Article 17.6 after the Owner has accepted occupancy of the Project, provided that the Project be