Common use of COSTS AND CREDITS Clause in Contracts

COSTS AND CREDITS. THE COST OR CREDIT TO OWNER RESULTING FROM A CHANGE IN THE WORK PURSUANT TO A CHANGE ORDER SHALL BE DETERMINED AS FOLLOWS: (A) BY MUTUAL ACCEPTANCE OF A LUMP SUM PROPOSED BY CON- TRACTOR PROPERLY ITEMIZED AND SUPPORTED BY SUFFICIENT SUBSTANTIATING DATA TO PERMIT EVALUATION BY OWNER; (B) BY UNIT PRICES STATED IN THE CONTRACT DOCUMENTS OR SUBSEQUENTLY AGREED UPON; (C) BY COST TO BE DETERMINED IN A MANNER AGREED UPON BY THE PARTIES AND A MUTUALLY ACCEPTABLE FIXED OR PERCENTAGE FEE; (D) IN THE EVENT THE COST OR CREDIT IS NOT DETERMINED AS PROVIDED IN (A), (B), OR (C) ABOVE, IT SHALL BE CONTRACTOR'S ACTUAL COST OF PERFORMING THE CHANGE IN THE WORK PLUS THE PERCENTAGE THEREOF SHOWN IN SECTION 23 TO COVER CONTRACTOR'S REASONABLE PROFIT AND OVER- HEAD IN THE CASE OF AN ADDITION TO THE CONTRACT SUM, OR IN THE CASE OF A DELETION FROM THE CONTRACT SUM, AN AMOUNT EQUAL TO THE ACTUAL COST OF LABOR AND MATERIALS SAVED BY CONTRACTOR PLUS SUCH PERCENTAGE THEREOF.