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c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee <br /> and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.0l.C.2.b is <br /> that the Subcontractor who actually performs the Work, at whatever tier, will be paid a <br /> fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 <br /> and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a <br /> fee of five percent of the amount paid to the next lower tier Subcontractor; <br /> d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, <br /> I 1.0l.A.5, and 1 1.0l.B; <br /> e. where Work is deleted from the Contract prior to commencement of that Work without <br /> substitution of other similar Work, one hundred percent (100%) of the Contract cost <br /> attributable to the Work, plus a Contractor's markup of ten percent(10%) on the amount <br /> of deleted cost, shall be deducted from the Contract Price. However, in the event that <br /> material submittals have been approved and orders placed for said materials, a lesser <br /> amount equal to the greater of (i) one hundred percent (100%) of the Contract cost <br /> attributable to the deleted Work, minus reasonable order cancellation, material <br /> restocking, and similar fees, plus a Contractor's fee of five percent (5%) on the amount <br /> of deleted cost, or(ii) eighty percent(80%) of the Contract Price shall be deducted from <br /> the Contract Price. The credit to the Owner as a result of deletions in the work which <br /> results in a for reduced premiums on labor and material bonds, payment and <br /> performance bonds shall in all cases be one hundred percent (100%) of the reduction in <br /> premium. When both additions and credits are involved in any one change, the <br /> adjustment in Contractor's fee shall be computed on the basis of the net change in <br /> accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e,inclusive. <br /> f. To the extent the Owner performs work as a result of any omission or breach of the <br /> Contractor, the Owner shall be entitled to an overhead mark-up consistent with the <br /> provisions set forth in this section. <br /> 12.02 Change of Contract Times <br /> A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in <br /> the Contract Times shall be based on written notice submitted by the party making the Claim to <br /> the Engineer and the other party to the Contract in accordance with the provisions of Paragraph <br /> 10.05. <br /> B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an <br /> adjustment in the Contract Times will be determined in accordance with the provisions of this <br /> Article 12. <br /> 12.03 Delays <br /> A. Where Contractor is prevented from completing any part of the Work within the Contract Times <br /> due to delay beyond the control of Contractor,the Contract Times may be extended in an amount <br /> equal to the time lost due to such delay if a Claim is made therefore as provided in Paragraph <br /> 12.02.A and if the performance of the Work is not, was not or would not have been delayed by <br /> any other cause for which the Contractor is not entitled to an extension of the Contract Times <br /> under the Contract Documents. Delays beyond the control of Contractor shall include,but not be <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright V 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 60 of 81 <br />