Change Order Due to Pre-Existing Hazardous Materials. Subject to Section 9.5.1, if and to the extent that Contractor discovers any Pre-Existing Hazardous Material that has been stored, released or disposed of at the Project Site, and, as required under Section 2.6, Contractor stops performance of the Work in that area, then, once such Work is re-commenced, Owner will issue a Change Order extending the Project Schedule to the extent required under Section 9.5.2. Subject to Section 9.5.1, if and to the extent that such cessation of Work increases Contractor’s Direct Costs in performing the Work, Owner shall, via Change Order, increase the Contract Price to the extent required under Section 9.5.3. Such Change Order(s) shall be Contractor’s sole and exclusive remedy for any delays and increased costs resulting from any such cessation of the Work, and Contractor will not be entitled to any payment, damages or other compensation in connection with any such delays or increased costs.
Appears in 6 contracts
Samples: Procurement and Construction Agreement, Procurement and Construction Agreement, Procurement and Construction Agreement
