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Contractor to give such notice and to give such notice prior to executing the Work shall constitute
<br />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 in
<br />excess of the Contract Price, any liability of the City for the Contractor's cost shall be strictly limited
<br />to direct costs incurred by the Contractor. Direct costs do not include the Contractor's home office
<br />overhead, loss of efficiency, consequential damages of the Contractor, or equipment costs in excess
<br />of actual equipment rental paid by the Contractor to a third party. The City shall not be liable to the
<br />Contractor for claims of third parties, including Subcontractors, unless and until liability of the
<br />Contractor has been established therefore in a court of competent jurisdiction.
<br />8.3.5. Claims for Additional Time. If the Contractor is delayed in progressing any task which
<br />at the time of the delay is then critical or which during the delay becomes critical, as the sole result
<br />of any act or neglect to act by the City or someone acting in the City's behalf, or by changes ordered
<br />in the Work, unusual delay in transportation, unusually adverse weather conditions not reasonably
<br />anticipatable, fire or any causes beyond the Contractor's control, then the date for achieving
<br />Substantial Completion of the Work shall be extended upon the written notice and claim of the
<br />Contractor to the City and the Engineer / Architect for such reasonable time as the Engineer /
<br />Architect and the City may determine. Any notice and claim for an extension of time by the
<br />Contractor shall be made not more than three (3) days after the occurrence of the event or the first
<br />appearance of the condition giving rise to the claim and shall set forth in detail the Contractor's basis
<br />for requiring additional time in which to complete the Project. Said claim shall specifically include,
<br />among other things, an adjusted critical path (CPM) schedule reflecting precisely the delay and its
<br />claimed impact upon the Contractor's future performance. In the event the delay to the Contractor
<br />is a continuing one, only one notice and claim for additional time shall be necessary. If the Contractor
<br />fails to 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 Price/Sum be increased
<br />for, nor shall the Contractor claim, recover, or receive payment for, any cost, expense, damages, or
<br />compensation of any kind by reason of any delay to the Project, whether critical or non -critical, and
<br />whether caused in whole or in part by the City. The Contractor shall not be entitled to any direct,
<br />indirect, consequential, impact, or other costs, expenses, or damages, including but not limited to,
<br />costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance
<br />from any cause whatsoever, whether such delay, disruption, interference, or hindrance be
<br />reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable.
<br />It is further agreed that such direct costs do include the Contractor's home office overhead, loss of
<br />efficiency, consequential damages, or equipment costs in excess of actual equipment rental paid by
<br />the Contractor to a third party. The Contractor's sole and exclusive remedy for delay, hindrance,
<br />and disruption shall be an extension of the Contract Time provided a claim for same is made and is
<br />allowable pursuant to the provisions of Paragraph 8.3.5 hereinabove.
<br />Notwithstanding the foregoing, delays caused by the City, Architect, or others for whom the City is
<br />responsible shall entitle the Contractor to an extension of the Contract Time. If such delay results
<br />in a material extension of the Project duration beyond the originally contemplated Contract Time,
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