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the Contractor and a denial of the claim for extension of Seetionr43.time :
<br /> . 1 Nature of the delay or change in the Work:
<br /> .2 Dates of commencement and cessation of the delay or change in the
<br /> Work;
<br /> .3 Activities on the current progress schedule affected by the delay or change in the Work;
<br /> .4 Identification and demonstration that the delay or change in Work affects the critical path ;
<br /> . 5 Identification of the source of delay or change in the Work;
<br /> . 6 Anticipated extent of the delay or change in the Work: and
<br /> .7 Recommended action to minimize the delay.
<br /> § 8.3. 3 This Seetion ° doe The Contractor shall not premie feeeyer}�be entitled to any extension of damages
<br /> time for delays resulting from any cause unless it shall have notified the Owner in writing within twenty-four (24)
<br /> hours after the commencement of such delay r 24 hours of knowledge of a
<br /> potential delay, whichever is later. In any event, within seven (7) calendar days of commencement of the delay, the
<br /> Contractor shall provide in writing the Comaraent Doeuments .information set forth in section 8 . 3 .2 of this Agreement.
<br /> § 8.3.4 Except as set forth in 8 .3 . 1 , the Contractor shall not be entitled to, and hereby waives, any and all damages
<br /> which it may suffer by reason of Act of God , unforeseen condition, delay, acceleration, cardinal changes, loss of
<br /> efficiency or any other impacts to the Work or time of performance and, except as set forth in 8 . 3 . 1 , further hereby
<br /> waives all damages which it may suffer by reason of these events, including, but not limited to lost profits, overhead
<br /> (howsoever determined), increased insurance costs, loss of bonding capacity or lost profits on alternate or
<br /> unperformed contracts, supervision, or home office expense . Contractor hereby affirms that, except as set forth in
<br /> 8 . 3 . 1 , the extension of time granted herein is the Contractor' s sole and exclusive remedy. Apart from extension of
<br /> time and, except as set forth in 8 . 3 . 1 , no payment of Claim for damages shall be made to the Contractor as
<br /> compensation for damages for any delays or hindrances from any cause whatsoever in the progress of the Work
<br /> whether such delay be avoidable or unavoidable . This section 8 . 3 .4 does not preclude the availability of section
<br /> 4 . 3 .4 and 4. 3 .5 with respect to an increase in Contract Sum.
<br /> 4 8.3. 5 For all changes in the Work in which the Contractor claims entitlement to a time extension, the Contractor
<br /> shall provide to the Owner the same information as required in section 8 .3 . 1 of the Contract within seven (7)
<br /> calendar days of the issuance of the request for change order or direction to change the scope of the Work and the
<br /> Contractor' s failure to provide such information shall constitute a waiver by the Contractor and a denial of any time
<br /> extension for that change in the Work. Further, upon execution by the Owner and Contractor of any e Order
<br /> where no time extension has been requested or granted, that Change Order $hall constitute a complete waiver of all
<br /> claims for money damages for delay, or for any extension of time related to that Work, or any Work affected by the
<br /> change .
<br /> ARTICLE 9 PAYMENTS AND COMPLETION
<br /> § 9. 1 CONTRACT SUM
<br /> § 9. 1 . 1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount
<br /> payable by the Owner to the Contractor for performance of the Work under the Contract Documents .
<br /> § 9.2 SCHEDULE OF VALUES
<br /> § 9.2. 1 Before the first Application for Payment, and if necessitated by Change Orders, from time to time thereafter,
<br /> the Contractor shall submit to the Architect and the Owner a schedule of values allocated to various portions of the
<br /> Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect and the Owner
<br /> may require. This schedule, unless ebjeeted-to-when, and only when, approved in writing by the Architect and the
<br /> Architeet, Owner, shall be used as a basis for reviewing the Contractor' s Applications for Payment.
<br /> § 9.3 APPLICATIONS FOR PAYMENT
<br /> § 9.3. 1 At least ten days before the date established for each progress payment, the Contractor shall submit to the
<br /> Architect an itemized Application for Payment for operations completed in accordance with the most recent
<br /> approve d schedule of values . Such application shall be notarized, if supported by such data
<br /> substantiating the Contractor' s right to payment as the Owner or Architect may require, such as copies of
<br /> requisitions from Subcontractors and material suppliers , and reflecting retainage if provided for in the Contract
<br /> Documents .
<br /> AIA Document A201 TM — 1997. Copyright © 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 19669 19679 1970, 1976, 1987 and 1997
<br /> by The
<br /> American Institute of Architects. All rights reserved. WARNING : This AIA® Document Is protected by U.S. Copyright Law and International Treaties.
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<br /> Unauthorized reproduction or distribution of this AIAeDocument, or any portion of It, may result In severe civil and criminal penalties, and will be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17 :14:54 on 05/25/2005 under Order
<br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale.
<br /> User Notes: (3418817618)
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