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w (determined as provided in paragraph 12 .02 Change of Contract Times 12.01 .C). A. The Contract Times (or Milestones) may only C. CONTRACTOR's Fee: The be changed by a Change Order or by a Written r CONTRACTOR's fee for overhead and profit shall be Amendment. Any Claim for an adjustment in the determined as follows: Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim 1 . a mutually acceptable fixed fee; or to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05 . 2 . if a fixed fee is not agreed upon , then a fee based on the following percentages of the B . Any adjustment of the Contract Times (or • various portions of the Cost of the Work: Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or a. for costs incurred under para- Milestones) will be determined in accordance with the • graphs 11 .01 .A. 1 and 11 .01 .A.2, the provisions of this Article 12 . CONTRACTOR's fee shall be 15 percent; 12 .03 Delays Beyond CONTRACTOR's Control b. for costs incurred under paragraph • 11 .01 .A.31 the CONTRACTOR's fee shall A. Where CONTRACTOR is prevented from be five percent; completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control • c. where one or more tiers of subcon- of CONTRACTOR , the Contract Times (or tracts are on the basis of Cost of the Work Milestones ) will be extended in an amount equal to plus a fee and no fixed fee is agreed upon , the time lost due to such delay if a Claim is made the intent of paragraph 12.01 .C .2 .a is that therefor as provided in paragraph 12.02.A. Delays no the Subcontractor who actually performs beyond the control of CONTRACTOR shall include, the Work , at whatever tier, will be paid a fee but not be limited to, acts or neglect by OWNER, acts of 15 percent of the costs incurred by such or neglect of utility owners or other contractors Subcontractor under paragraphs 11 .01 .A. 1 performing other work as contemplated by Article 7 , and 11 .01 .A.2 and that any higher tier fires, floods, epidemics , abnormal weather conditions , Subcontractor and CONTRACTOR will or acts of God . each be paid a fee of five percent of the amount paid to the next lower tier Subcon- 12 . 04 Delays Within CONTRACTOR's Control tractor; A. The Contract Times (or Milestones) will not d . no fee shall be payable on the be extended due to delays within the control of basis of costs itemized under paragraphs CONTRACTOR. Delays attributable to and within the 11 .01 .A.4 , 11 .01 .A.5 , and 11 .013 ; control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRAC- +� e . the amount of credit to be allowed TOR. by CONTRACTOR to OWNER for any change which results in a net decrease in 12.05 Delays Beyond OWNER's and cost will be the amount of the actual net CONTRACTOR 's Control decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal A. Where CONTRACTOR is prevented from to five percent of such net decrease; and completing any part of the Work within the Contract +� Times (or Milestones) due to delay beyond the control f. when both additions and credits are of both OWNER and CONTRACTOR, an extension of involved in any one change, the adjustment the Contract Times (or Milestones) in an amount r in CONTRACTOR's fee shall be computed equal to the time lost due to such delay shall be on the basis of the net change in CONTRACTOR's sole and exclusive remedy for such accordance with paragraphs 12 .01 .C.2 .a delay. through 12.0l .C.2 .e, inclusive. 12 .06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any 00700 - General Conditions REV 04-07 00700 - 35 FBEngineenngWWilliamsWaster ontmctWaster Contract DocumenlsW700 - General Conditions REV 04-07.doc