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34 <br /> <br />Revised NETPLANNER v2 <br /> <br />Change Order covering said Work. Such Change Order shall set forth the corresponding <br />adjustment to the Contract Price. In the event the Owner and the Contractor are unable to <br />agree, the Owner shall grant an equitable adjustment in the Contract Price. <br /> <br />(B) Emergency Work: In the event of emergency endangering life or property, the <br />Contractor may be directed by the Designer to proceed on a time and material basis, <br />whereupon the Contractor shall so proceed and keep accurately, in such form as may be <br />required by the Designer, a correct account of costs together with all proper invoices, payrolls, <br />and supporting data therefore. <br /> <br />15.4 Where the Contract Price is to be adjusted, the following limitations shall apply in <br />determining the amount of adjustment: <br /> <br />(A) In the case of extra or emergency work, the Contract Price shall not be increased by more <br />than the reasonable, actual, and documented net cost of the extra or emergency work plus ten <br />percent (10%) of such net cost on Work performed by the Contractor and five percent (5%) <br />thereof on any subcontracted Work for overhead and profit combined. <br /> <br />(B) In the case of a decrease in Work, the Contract Price shall not be decreased by less than <br />the net cost of the deleted Work plus five percent (5%) of such direct net cost for profit and <br />overhead. <br /> <br />The term 'net cost' as used herein shall include, as applicable, and shall be limited to, all direct <br />labor, direct material, direct equipment, labor burden, sales taxes, shipping and handling <br />charges, permits and fees, and insurance and bond premium adjustments, if any, attributable to <br />the change. All other items of cost shall be considered as overhead and covered by the <br />percentages allowed in sections A and B of this paragraph. <br /> <br />The Contractor shall provide worksheets or tabulations describing the method by which the <br />direct net cost was calculated, and shall provide all data needed to support the calculation of the <br />direct net cost, all in a form acceptable to the Owner. <br /> <br />15.5 Where the Contract Price is to be adjusted by negotiation, the Owner may authorize and <br />designate the Designer to negotiate with the Contractor on behalf of the Owner; provided, <br />however, any agreement reached between the Contractor and Designer shall be subject to <br />approval by the Owner. <br /> <br /> <br />ARTICLE 16. UNFORESEEN CONDITIONS <br /> <br />16.1 Should the Contractor encounter unforeseen conditions at the Project site materially <br />differing from those shown on the Drawings or indicated in the Specifications or differing <br />materially from those ordinarily encountered and generally recognized as inherent in work of the <br />character provided for in this Agreement, the Contractor shall immediately, and in no event <br />more than three days later, give notice to the Owner of such conditions before they are <br />disturbed. The Owner and the Designer shall thereupon promptly investigate the conditions and <br />if they find that they materially differ from those shown on the Drawings or indicated in the <br />Specifications, they shall at once make such changes in the Drawings and Specifications as <br />they may find necessary. Any increase or decrease in the Contract Price resulting from such <br />DocuSign Envelope ID: 78B556CA-C028-4315-8EF4-948059C1C6F0DocuSign Envelope ID: F2D1756F-740F-4E82-9BEB-D1EEF4761E30