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2. changes in the Contract Price or Contract Times which are agreed to by the parties, <br /> including any undisputed sum or amount of time for Work actually performed in <br /> accordance with a Work Change Directive; and <br /> ' 3. changes in the Contract Price or Contract Times which embody the substance of any <br /> written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu <br /> ' of executing any such Change Order, an appeal may be taken from any such decision in <br /> accordance with the provisions of the Contract Documents and applicable Laws and <br /> Regulations,but during any such appeal,Contractor shall carry on the Work and adhere to <br /> ' the Progress Schedule as provided in Paragraph 6.18.A. <br /> B. Agreement on any Change Order shall constitute a full and final settlement of all matters relating <br /> ' to the change in the Work that is the subject of the Change Order, including, but not limited to, <br /> all direct and indirect (including without limitation delay, disruption, impact, loss of efficiency, <br /> and extended overhead) costs associated with such change, or the cumulative effect of changes <br /> through the date of the subject Change Order, and any and all adjustments to the Contract Price <br /> and the Contract Times. Implied in every Change Order,unless expressly reserved by Owner or <br /> Contractor, is a waiver of all known and unknown claims arising out of or otherwise associated <br /> with the Change Order, including a waiver of an applicable federal or state anti-claim waiver <br /> statute or common law principal of similar effect. In the event a Change Order increases the <br /> Contract Price, Contractor shall include the Work covered by such change Order in Applications <br /> for Payments as if such Work were originally part of the contract Documents. <br /> 10.04 Notification to Surety <br /> ' A. If the provisions of any bond require notice to be given to a surety of any change affecting the <br /> general scope of the Work or the provisions of the Contract Documents (including, but not <br /> ' limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's <br /> responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any <br /> such change. Owner shall be charged with responsibility for enforcing this provision. <br /> B. Contractor shall keep the surety informed of the progress of the Work, and, where necessary, <br /> obtain the surety's consent to, or waiver of, (i) notice of changes in the Work; (ii) request for <br /> ' reduction or release of retention; (iii) request for final payment; and/or (iv) any other item <br /> required by the surety. Owner shall be notified by Contractor and shall be carbon copied, in <br /> writing, with all communications between the Contractor and the surety. Owner may, in <br /> Owner's sole discretion, inform the surety of the quality and progress of the Work and obtain <br /> consents as necessary to protect Owner rights, interest, privileges, and benefits under and <br /> pursuant to any bond issued in connection with the Work. <br /> ' 10.05 Claims <br /> ' A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, <br /> shall be referred to the Engineer for decision. A decision by Engineer shall be required as a <br /> condition precedent to any exercise by Owner or Contractor of any rights or remedies either may <br /> ' otherwise have under the Contract Documents or by Laws and Regulations in respect of such <br /> Claims. <br /> ' EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 53 of 81 <br />