|
<br /> (2) No services for which the contractor wi 11 charge an additional compensation shall
<br /> be furnished without the written authorization of the recipien~
<br /> (c) The following clause applies only to subagreements for supplies.
<br /> (I) The re~ipient may at any time, by a written order, and without notice to the sureties,
<br /> change the general scope of this subagreement in anyone or more of the following~
<br /> (i) Drawings, rtesigns or specifications where the supplies to be furnished are
<br /> specifically manufactured for the recipient;
<br /> (ii) Method of shipment or packing; and
<br /> (iii) Place of delivery.
<br /> (2) If any change causes an increase or decrease in the cost or the time required to
<br /> perform any part of the work under this subagreement, whether or not changed by any such order, the
<br /> recipient shall make an equitable adjustment in the subagreement price or delivery scheduele, or
<br /> both, a~d modify the subagreement in writing. The contractor must assert any cl~m for adjustment
<br /> within 30 days fran the date the contractor receives the recipient's notification of change. If the
<br /> recipient decides that the facts justify such action, the recipient may receive and act upon any
<br /> such claim asserted at any time before final payment under this subagreement, Where the cost of
<br /> property made obsolete or excess as a result of a change is includ~d in the contractor's claim for
<br /> adjustment, the recipient has the right to prescribe the manner of disposition of such property,
<br /> Nothing in this clause shall excuse the contractor from procçeding with the subagreement as changed,
<br /> 4. DIFFERING SITE CONDITIONS
<br /> The following clause applies only to construction subagreements,
<br /> (a) The contractor shall promptly, and before such conditions are disturbed, notify the
<br /> recipient in writing of~
<br /> (1) subs~rface or latent physical conditions at the site differing materially from
<br /> those indicated in this subagreement, or
<br /> (2) unknown physical conditions at the site, of an unusual nature, differing materially
<br /> fran those ordinarily encountered and generally recognized as inhering'in work of the character
<br /> provided for in this subagreement,
<br /> (b) The reci.pient shall promptly investigate the conditions, If it finds that conditions
<br /> materially differ and will cause an increase or decrease in the contractc('s cost or the time required
<br /> to perform any part of the work under this subagreement, whether Dr not changed as a result of such
<br /> conditions, the recipient shall make an equitable adjustment and modify the subagreement in writing,
<br /> (c) No claim Df the contractor under this clause shall be allowed unless the contractor
<br /> has given the notice required in paragraph (a) of this clause. However, the recipient may extend
<br /> the time prescribed in papagraph (a),
<br /> (d) No cla,im by the contractor for an equitable adjustment shall be al1owed if ~sserted
<br /> after final payment under this subagreement.
<br /> 5. SUSPENSION OF WORK
<br /> The. following clause appl ies only to construction subagreements,
<br /> (a) The recipien~ may order the contractor in writing to suspend, delay or interrupt all
<br /> or any part 1)f the work for such period of time as the recip~ent may determine to be appropriate
<br /> for the convenience of the recipient,
<br /> (b) If the performance of al1 or any part,of the work is s'uspe11ded, delayed or interrupted
<br /> for an unreasonable period of time by an act of the recipient in administra'tian of this subagreement,
<br /> or by the recipient's failure to act within the time specified in this subagreement (or if no time
<br /> is specified, within a reasonable time), the recipient shall make an adjustment for any increase in
<br /> the cost of performance of this subagreement (excluding profit) necessa~ily caused by such unreasonable
<br /> suspension, delay or interrulìtion and modify the contract writing. However; no adjustment shal1 be
<br /> made under this clause for any suspension, delay or interruption to the extent (1) that performance
<br /> would have been so suspended, delayed or interrupted by any other cause, including the fault or
<br /> negligence of the cQntractor, or (2) for which an equitable adjustment is p~ovided for or excluded
<br /> under any other provision ot this subagreement,
<br /> (c) No claim under tkis clause shall be allowed (1) for any costs incurred more than 20 days
<br /> before the contractor notified the recipient in writing of the act, or failure to act, involved (this
<br /> requirement does not apply to a claim resulting from a suspension order), and (2) unless the amount
<br /> claimed is asserted in writing as soon as practicable after the tennination of such suspension,
<br /> delay or interruption, but not later than the date of final payment under the subagreement,
<br /> 6. TERMINATION
<br /> (a) This subagreement may be terminated in whole or in part in writing by either party in
<br /> the ever.t of substantial failure by the other party to fulfill its obligations under this subagreement
<br /> through no fault of the terminating party, provided that no termination may be effected unless
<br /> the other party is given (1) not less than ten (10) calendar days written notice (delivered by
<br /> certified ma11, return receipt requested) of intent to tenninate, and (~) an opportunity for
<br /> consultation with the terminating party prior to termination,
<br />
|