Encl. (1) to COMDTINST 16460.5
written change order. No proposal by the Contractor for an adjustment shall be allowed if asserted
after final payment under this agreement. Failure to agree to any adjustment shall be a dispute
under Article 12, Section 12.8. However, nothing in this clause shall excuse the Contractor from
proceeding with the contract as changed.
4.3.
Claims for Compensation. Any claim by the Contractor for an equitable adjustment
in compensation resulting from a change in the Contractor Work under this Article must be
asserted, in writing, within ten (10) days from the date of receipt by the Contractor of any written
change order authorization from the USCG. Said claim shall be supplemented and supported by
such factual information as may be reasonably requested by USCG.
4.4
Time of the Essence. It is expressly understood and agreed that the time of prompt
initiation and prosecution of the Contractor Work are the essence of this Agreement. The
Contractor Work shall be prosecuted at such time and in or on such parts of the project as may be
required to complete the project as contemplated by this Agreement and further specified in
schedules attached hereto and made a part hereof.
4.5
Delays. If the progress of the Contractor Work is delayed by any act or omission of
the USCG, any separate contractor employed by the USCG or by occurrence of Force Majeure
events beyond Contractor's reasonable control, such as fires, floods, strikes, riots, explosions,
adverse weather conditions not reasonably anticipated, unavoidable casualties, acts of God or of the
public enemy, and if the Contractor, within twenty-four (24) hours of the start of the occurrence of
the delay, gives written notice to the USCG of the cause of the potential delay and an estimate of
the possible time of extension involved, and, within seven (7) days after the cause of the delay has
been remedied, the Contractor gives written notice to the USCG of any actual time extension
requested as a result of the aforementioned occurrence, then the time for the Contractor Work may
be extended by change order for such reasonable time as USCG determines. It is agreed that no
claims shall be made or allowed for any damages or additional compensation which may arise out
of any delay caused by the occurrences of Force Majeure events, other than claims for the
appropriate extension of time.
ARTICLE 5. CONTRACTOR'S OBLIGATIONS
5.1
Laws and Permits. The Contractor shall give all required notices and perform the
Contractor Work in conformance with the Agreement and in compliance with all applicable federal,
state and local laws, executive orders, rules, regulations and ordinances, the Site safety and health
plan, and any safety program established by the USCG. The Contractor shall secure and pay for all
permits and governmental approvals, licenses and inspections necessary for proper execution and
completion of the Contractor Work, as required by law and/or by this Agreement.
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