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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />Project, whether critical or non-critical, and whether caused in whole or in part by <br />the City other than as set forth in Paragraph 8.3.5 above. The Contractor shall not <br />be entitled to any direct, indirect, consequential, impact, or other costs, expenses, <br />or damages, including but not limited to, costs of acceleration or inefficiency, <br />arising because of delay, disruption, interference, or hindrance from any cause <br />whatsoever, whether such delay, disruption, interference, or hindrance be <br />reasonable or unreasonable, foreseeable, or unforeseeable, or avoidable or <br />unavoidable. <br />It is further agreed that such direct costs do include the Contractor's home office <br />overhead, loss of efficiency, consequential damages, or equipment costs in excess <br />of actual equipment rental paid by the Contractor to a third party. The Contractor's <br />sole and exclusive remedy for delay, hindrance, and disruption shall be an extension <br />of the Contract Time provided a claim for same is made and is allowable pursuant <br />to the provisions of Paragraph 8.3.5 hereinabove. <br />8.4 Field Orders <br />8.4.1 The City's Representative after first obtaining approval from the City, shall <br />have authority to order minor changes in the Work not involving, a change in the Contract <br />Price or in - Contract Time and not inconsistent with the intent of the Contract. Such <br />changes shall be affected by Field Order and shall be binding upon the Contractor. The <br />Contractor shall carry out such Field Orders promptly. <br />ARTICLE IX <br />SUBCONTRACTORS <br />9.1 Definition <br />9.1.1 A Subcontractor is an entity that has a direct contract with the Contractor <br />to perform a portion of the Work. <br />9.2 Award of Subcontracts <br />9.2.1 Upon execution of the Contract, or as may be required by the Instructions <br />to Bidders, the Contractor shall furnish the City, in writing, the names of persons or <br />entities proposed by the Contractor to act as a Subcontractor on the Project. The City shall <br />promptly reply to the Contractor, in writing, stating any objections the City may have to <br />such proposed Subcontractor. The Contractor shall not enter into a Subcontract with a <br />proposed Subcontractor with reference to whom the City has made timely objection. <br />The Contractor shall not be required to Subcontract with any party to whom the <br />Contractor has objection. <br />9.2.2 All subcontracts shall afford the Contractor rights against the Subcontractor <br />which correspond to those rights afforded to the City against the Contractor herein, <br />including those rights afforded to the City by Subparagraph 12.2.1 below. <br />COMTECH ENGINEERING, INC. 24 <br />