Asphalt Overlay of CDC Roads - Clark Freeport Zone

25. Acceleration and Delays Ordered by the Procuring Entity’sRepresentative25.1. When the Procuring Entity wants the Contractor to finish before theIntended Completion Date, the Procuring Entity’s Representative willobtain priced proposals for achieving the necessary acceleration fromthe Contractor. If the Procuring Entity accepts these proposals, theIntended Completion Date will be adjusted accordingly and confirmedby both the Procuring Entity and the Contractor.25.2. If the Contractor’s Financial Proposals for acceleration are accepted bythe Procuring Entity, they are incorporated in the Contract Price andtreated as a Variation.26. Extension of the Intended Completion Date26.1. The Procuring Entity’s Representative shall extend the IntendedCompletion Date if a Variation is issued which makes it impossible forthe Intended Completion Date to be achieved by the Contractorwithout taking steps to accelerate the remaining work, which wouldcause the Contractor to incur additional costs. Unless specified in theSCC, no payment shall be made for any event which may warrant theextension of the Intended Completion Date.26.2. The Procuring Entity’s Representative shall decide whether and by howmuch to extend the Intended Completion Date within twenty one (21)days of the Contractor asking the Procuring Entity’s Representative fora decision thereto after fully submitting all supporting information. Ifthe Contractor has failed to give early warning of a delay or has failedto cooperate in dealing with a delay, the delay by this failure shall notbe considered in assessing the new Intended Completion Date.27. Right to Vary27.1. The Procuring Entity’s Representative with the prior approval of theProcuring Entity may instruct Variations, up to a maximum cumulativeamount of ten percent (10%) of the original contract cost.27.2. Variations shall be valued as follows:(a)(b)(c)At a lump sum price agreed between the parties;where appropriate, at rates in this Contract;in the absence of appropriate rates, the rates in this Contractshall be used as the basis for valuation; or failing which63Clark Development CorporationSection IV General Conditions of the ContractAsphalt Overlay of CDC Roads