Quantities in Schedule of Rates. If a Schedule of Rates exists, the items of work and quantities in the Schedule of Rates are estimated and not guaranteed. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the items of work or the quantities being incorrect in that they: contain an incorrect quantity; contain an item which should not have been included; or omit an item which should have been included. If a Schedule of Rates exists and the: actual quantity of an item required to carry out the Contractor's Activities is greater or less than the quantity shown in the Schedule of Rates; Commonwealth has accepted a rate for the item referred to in paragraph (a); and actual quantity of the item referred to in paragraph (a) is outside the limits of accuracy specified in the Contract Particulars, the rate will only apply to the quantities within those limits of accuracy and quantities outside those limits of accuracy will: if so instructed by the Contract Administrator, be carried out by the Contractor as daywork; or otherwise, have their value: agreed between the parties; or failing agreement, determined by the Contract Administrator using reasonable rates.
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Samples: Head Contract, Head Contract, Head Contract
Quantities in Schedule of Rates. If a Schedule of Rates exists, the items of work and quantities in the Schedule of Rates are estimated and not guaranteed. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the items of work or the quantities being incorrect in that they: contain an incorrect quantity; contain an item which should not have been included; or omit an item which should have been included. If a Schedule of Rates exists and theand: the actual quantity of an item required to carry out the Contractor's Activities is greater or less than the quantity shown in the Schedule of Rates; the Commonwealth has accepted a rate for the item referred to in paragraph (a); and the actual quantity of the item referred to in paragraph (a) is outside the limits of accuracy specified in the Contract Particulars, the rate will only apply to the quantities within those limits of accuracy and quantities outside those limits of accuracy will: if so instructed by the Contract Administrator, be carried out by the Contractor as daywork; or otherwise, have their value: agreed between the parties; or failing agreement, determined by the Contract Administrator using reasonable rates.
Appears in 1 contract
Samples: Head Contract