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Changes in the Work
ARTICLE 9 - CHANGES IN THE WORK
9.1 OWNER's Right To Initiate Changes. Without invalidating the Agreement and without notice to any surety, OWNER may at any time order additions, deletions or revisions in the Work; these will be authorized by Written Amendment, a Change Order or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable provisions of the Contract Documents except as otherwise specifically provided.
9.1.1 In the event the additions, deletions or revisions of the Work significantly change the character of the Work, the CONTRACTOR and/or OWNER may be entitled to an adjustment in the Contract Price. The basis for such adjustment shall be agreed upon prior to the performance of the changed Work and shall not include anticipated profit. If such basis and/or amount of the adjustment cannot be agreed upon, a claim may be made therefore as provided in Article 10 or Article 11.
9.1.2 The term "significantly changed" shall be construed to apply only to the following circumstance:
When a major pay item of Work is increased in excess of 125% or decreased below 75% of the original contract quantity.
Any such allowance shall apply only to that portion in excess of 125% of the original pay item quantity, or in case of decrease, below 75% of the actual amount of Work performed.
9.2 Inability To Agree on Price or Time Adjustments. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of an OWNER-initiated change, a claim may be made therefore as provided in Article 10 or Article 11.
9.3 Non-required Work. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in Sections 3.4 and 3.5, except in the case of an emergency as provided in Section 6.21 and except in the case of uncovering Work as provided in Section 12.4.
9.4 Change Orders and Amendments. OWNER and CONTRACTOR shall execute appropriate Change Orders or Written Amendments covering (i) Changes in the Work which are ordered by OWNER pursuant to Section 9.1, are required because of acceptance of Defective Work under Section 12.8 or correcting Defective Work under Section 12.9; (ii) Changes in the Contract Price or Contract Time which are agreed to by the parties; and (iii) Changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by ENGINEER pursuant to Section 8.7, provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in Section 6.23.
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