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7.4 LOSS OF USE INSURANCE
<br />
<br />7.4.1 Thc Owner, at the Owner's option, may purchase and
<br />maintain such insurance as will insure the Owner against loss
<br />of use of the Owner's property due to fire or other hazards,
<br />however caused. Thc Owner waives all rights of action against
<br />the Design/Builder for loss of use of the Owner's property,
<br />including consequential losses duc to fire or other hazards,
<br />however caused.
<br />
<br />8.1
<br />
<br /> ARTICLE 8
<br /> CHANGES IN THE WORK
<br />CHANGES
<br />
<br />8.1.1 Changes in the Work may be accomplished after
<br />execution of this Part 2 Agreement, without invalidating this
<br />Part 2 Agreement, by Change Order, Constnaction Change
<br />Directive, or order for a minor change in the Work, subject to
<br />the limitations stated in the Contract Documents.
<br />
<br />8.t .2 A Change Order shall be based upon agreement
<br />between the Owner and the Design/Builder, a Construction
<br />Change Directive may be issued by the Owner without the
<br />agreement of the Design/Builder; an order for a minor change
<br />in the Work may be issued by the Design/Builder alone.
<br />
<br />8.1.3 Changes in the Work shall be performed under
<br />applicable provisions of the Contram Documents, and the
<br />Design/Builder shall proceed promptly, unless otherwise
<br />provided in the Change Order, Construction Change Directive,
<br />or order for a minor change in the Work.
<br />
<br />8.1.4 If unit prices are stated in thc Contract Documents or
<br />subsequently agreed upon, and if quantities originally
<br />contemplated are so changed in a proposed Change Order or
<br />Construction Change Directive that application of such unit
<br />prices to quantities of Work proposed will cause substantial
<br />inequity to the Owner or the Design/Builder, the applicable
<br />unit prices shall be equitably adjusted.
<br />
<br />Insert AE: 8.1.5 Except as permitted in paragraph 8,3,
<br />a change in the Contract Sum or the Contract Time shall
<br />be accomplished only by Change Order. Accordingly,
<br />no course of conduct or dealings between the parties
<br />shall be the basis of any Claim to a change in the
<br />Contract Sum or the Contract Time.
<br />
<br />8.2 CHANGE ORDERS
<br />8.~1 A Change Order is a written instrument prepared by
<br />the Design/Builder and signed by the Owner and the
<br />Design/Builder, stating their agreement upon all of the
<br />following:
<br />
<br />.1 a change in the Work;
<br />
<br />.2 the amount of the adjustment, if any, in the Contract
<br /> Sum; and
<br />
<br />.3 the extent of thc adjustment, if any, in the Conlxact
<br /> Time.
<br />
<br />A Chan_ee Order. when issued_ shall be full compensation, or
<br />credit, for the extra work included, omitted or substituted as a
<br />result of the chan_ee, and shall constitute a final settlement of
<br />all matters related to the change, including but not limited to.
<br />all direct and indirect costs associated with such eh~_e, and
<br />any and all ad_iustments to the contract sum or the contract
<br />time. For additive chard_es, the allowance for overhead and
<br />profit (Deal_an/Builder's Fee/shall be 10 percent of the cost of
<br />Work for work performed by the Desi_mVBuilder and 5 percent
<br />of the cost of Work for work performed by subcontractors.
<br />
<br />8.2.2 If the Owner requests a proposal for a change in the
<br />Work fi:om the Design/Builder and subsequently elects not to
<br />proceed with the change, a Change Order shall be issued to
<br />reimburse the Design/Builder for any costs incurred for
<br />estimating services, design services or preparation of proposed
<br />revisions to the Contract Documents.
<br />
<br />8.3 CONSTRUCTION CHANGE DIRECTIVES
<br />
<br />8.3.1 A Construction Change Directive is a written order
<br />prepared and signed by the Owner, directing a change in the
<br />Work prior to agreement on adjustment, if any, in the Contract
<br />Sum or Contract Time, or both.
<br />
<br />8.3.2 Except as otherwise agreed by the Owner and the
<br />Design/Builder, the adjustment to the Contract Sum shall be
<br />detenuined on the basis of reasonable expenditures and
<br />savings of those performing the Work attributable to the
<br />change, including the expenditures for design services and
<br />revisions to the Contract Documents. In case of an increase in
<br />the Contract Sum, the cost shall include a reasonable
<br />allowance for overhead and profit. In such ease, the
<br />Design/Builder shall keep and present an itemized accounting
<br />together with appropriate supporting data for inclusion in a
<br />Change Order, Unless otherwise provided in the Contract
<br />Documents, costs for these purposes shall be limited to the
<br />following:
<br />
<br /> .1 costs of labor, including social security, old age and
<br /> unemployment insurance, fringe benefits required by
<br /> agreement or custom, and workers' compensation
<br /> insurance;
<br />
<br />.2 costs of materials, supplies and equipment, including
<br /> cost of transportation, whether incorporated or
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<br />W~/499163.4
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