Common use of Changes and Delays Clause in Contracts

Changes and Delays. 4.1 As the Work is performed, conditions may change or circumstances outside PLUG SMART's reasonable control (including changes of law) may develop which would require PLUG SMART to expend additional costs, effort or time to complete the Work, in which case PLUG SMART will submit a request for an equitable adjustment in the Contract Price, the Contract Time, or in both. 4.2 PLUG SMART shall not be responsible for loss, delay, injury, damage or failure of performance that may be caused by circumstances beyond its control, including but not restricted to acts or omissions by Customer or its employees, agents or contractors, Acts of God, war, civil commotion, acts or omissions of government authorities, fire, theft, corrosion, flood, water damage, lightning, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, delays in transportation, or shortage of vehicles, fuel, labor or materials. In the event of such delay or failure, the time for performance shall be extended by a period equal to the time lost plus a reasonable recovery period and the compensation shall be equitably adjusted for additional costs PLUG SMART incurs due to such delay. 4.3 If conditions are encountered at the jobsite that are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Agreement, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in this Agreement, then written notice by PLUG SMART shall be given to CLIENT promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. If requested, an equitable adjustment to Contract Price and Contract Time shall be made by a change order. If agreement cannot be reached by the Parties within 10 days, PLUG SMART may assert a claim for an equitable adjustment in the Contract Price or Contract Time or both. Failure to properly submit written notice of such conditions within the time required represents an irrevocable waiver of PLUG SMART's right to assert a claim for an increase in the Contract Price or Contract Time.