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condition precedent to any liability of the City therefore, the Contractor shall give the Engineer.
<br /> /Architect and the City written notice of such claim within three (3) days after-the occurrence
<br /> of the event, or the first appearance of the.donditionl, giving rise to suchh claim. Such notice
<br /> I: . :::vilcrri:ustbe given by:the:Contractar-:tbefore proceeding to execute any additional or changed
<br /> Work. The failure by the Contractor to give such notice and to give such notice prior to
<br /> executing the Work shall constitute a waiver of any claim for additional compensation.
<br /> 8.3.4.1 In connection with any claim by the Contractor against the City for compensation
<br /> in excess of the Contract Price, any liability of the City for the Contractor's cost shall be strictly
<br /> limited to direct costs incurred by the Contractor. Direct costs do not include the Contractor's
<br /> home office overhead, loss of efficiency, consequential damages of the Contractor, or
<br /> equipment costs in excess of actual equipment rental paid by the Contractor to a third party.
<br /> The City shall not be liable to the Contractor for claims of third parties, including
<br /> Subcontractors, unless and until liability of the Contractor has been established therefore in a
<br /> court of competent jurisdiction.
<br /> 8.3.5 Claims for Additional Time -- If the Contractor is delayed in progressing any task
<br /> which at the time of the delay is then critical or which during the delay becomes critical, as the
<br /> sole result of any act or neglect to act by the City or someone acting in the City's behalf, or by
<br /> changes ordered in the Work, unusual delay in transportation, unusually adverse weather
<br /> conditions not reasonably anticipatable, fire or any causes beyond the Contractor's control,
<br /> then the date for achieving Substantial Completion of the Work shall be extended upon the
<br /> . written notice and claim of the Contractor to the City and the Engineer / Architect for such
<br /> reasonable time as the Engineer / Architect and the Citymaydetermine. Anynotice and
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<br /> claim for an extension of time by the Contractor shall be made not more than three (3) days
<br /> after the occurrence of the event or the first appearance of the condition giving rise to the
<br /> claim and shall set forth in detail the Contractor's basis for requiring additional time in which to
<br /> complete the Project. Said claim shall specifically include, among other things, an adjusted
<br /> critical path (CPM) schedule reflecting precisely the delay and its claimed impact upon the
<br /> Contractor's future performance. In the event the delay to the Contractor is a continuing one,
<br /> only one notice and claim for additional time shall be necessary. If the Contractor fails to
<br /> make such claim as required in this Subparagraph, any claim for an extension of time shall be
<br /> waived.
<br /> 8.3.5.1 In no event, and under no circumstances, shall the Contract Sum be increased
<br /> for, nor shall the Contractor claim, recover, or receive payment for, any cost, expense,
<br /> damages, or compensation of any kind by reason of any delay to the Project, whether critical
<br /> or non-critical, and whether caused in whole or in part by the City. The Contractor shall not be
<br /> entitled to any direct, indirect, consequential, impact, or other costs, expenses, or damages,
<br /> including but not limited to, costs of acceleration or inefficiency, arising because of delay,
<br /> disruption, interference, or hindrance from any cause whatsoever, whether such delay,
<br /> disruption, interference, or hindrance be reasonable or unreasonable, foreseeable or
<br /> unforeseeable, or avoidable or unavoidable.
<br /> It is further agreed that such direct costs do include the Contractor's home office overhead,
<br /> loss of efficiency, consequential damages, or equipment costs in excess of actual equipment
<br /> rental paid by the Contractor to a third party. The Contractor's sole and exclusive remedy for
<br /> delay, hindrance, and disruption shall be an extension of the Contract Time provided a claim
<br /> for same is made and is allowable pursuant to the provisions of Paragraph 8.3.5 hereinabove.
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