C ontract Sum Adjustment Determination Sample Clauses

C ontract Sum Adjustment Determination. The Contract Sum shall be adjusted only in an amount necessary to compensate Contractor for all reasonable, unavoidable costs and expenses (including additional Taxes) attributable to the CA Compensation Event and mitigate or avoid the effects of the CA Compensation Event (net of any savings incurred by Contractor as a result of the CA Compensation Event) (the “Contract Sum Adjustment”). The Contract Sum Adjustment associated with a CA Compensation Event will be net of all applicable insurance proceeds payable to Contractor associated with such CA Compensation Event (or that would be payable to Contractor but for the failure by Contractor to comply with the insurance requirements set forth herein), except as any payment of such insurance proceeds is affected by the bankruptcy or insolvency of the provider of such insurance, and will include all costs of asserting a Claim for such insurance proceeds and any increased insurance premiums resulting from such Claim; provided, that any portion of an increased insurance premium resulting from any such Claim is certified in writing by Contractor’s insurance provider prior to payment by Concessionaire. Contractor will share with Concessionaire and the Department all data, documents and information pertaining to the proposed Contract Sum Adjustment on an Open Book Basis. Contractor will take all steps reasonably necessary to mitigate the amount of the Contract Sum Adjustment attributable to, and other consequences of, any CA Compensation Event, including all steps that would generally be taken in accordance with Good Industry Practice, including filing a timely claim for insurance and pursuing such claims. Under the Comprehensive Agreement, if Concessionaire and the Department are unable to agree upon the amount of the “Concessionaire Damages” within 120 days after the delivery of the “Compensation Event Notice,” then either party, by written notice to the other party, may terminate the negotiations and request the dispute be resolved in accordance with Article 21 of the Comprehensive Agreement. Under the Comprehensive Agreement the Department is to make payment to Concessionaire of the undisputed portion of the “Concessionaire Damages” in accordance with Section 14.01(b)(vi) of the Comprehensive Agreement without regard to the dispute resolution procedures, and solely to the extent received by Concessionaire from the Department under the Comprehensive Agreement Concessionaire shall pay the portion thereof attributa...