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<br />9.8 Overtime and Additional Shifts: If ordered by SIGNATURE in writing, Trade Contractor shall work
<br />overtime and/or add additional manpower or shifts:
<br />(a) If Trade Contractor is not behind schedule, SIGNATURE will pay Trade Contractor the actual
<br />additional premium portion of wages for overtime or additional shift work not then included in the
<br />Trade Contract Price, plus any taxes on such additional wages and reasonable overhead and profit.
<br />Contract price shall be adjusted by change order as set forth in section 12 for all additional
<br />charges.
<br />(b) If Trade Contractor, through its own sole or partial fault or neglect, is behind schedule,
<br />SIGNATURE may order Trade Contractor to increase its manpower or to work, at Trade
<br />Contractor's expense, any overtime or additional shifts or take any other action necessary to
<br />expedite the Work to meet the Project Schedule.
<br />SECTION 10
<br />Delays and Extensions of Time
<br />10.1 Delays Caused by Others: SIGNATURE shall not be liable to Trade Contractor for any delay, disruption
<br />or interference to Trade Contractor's Work caused by the act, omission, neglect or default of the Owner or
<br />the Architect or their respective contractors, subcontractors, employees, servants, agents or consultants, or
<br />by reason of fire or other casualty, or on account of riots or of strikes, or other combined action of the
<br />workmen or others, or on account of any acts of God, or any other cause beyond SIGNATURE's direct
<br />control; provided, however, SIGNATURE will cooperate with Trade Contractor in submitting against the
<br />Owner or Architect, any just claim arising therefrom which is permitted by the Contract Documents and
<br />applicable law. Trade Contractor shall reimburse SIGNATURE for all reasonable expenses incurred by
<br />SIGNATURE in submitting any such claims on behalf of Trade Contractor. Trade Contractor shall not
<br />claim any time extension, cost reimbursement, compensation or damages for any delay, disruption or
<br />interference to the Work except to the extent that SIGNATURE is entitled to corresponding time extension,
<br />cost reimbursement, compensation or damages from the Owner or Architect under the Contract Documents
<br />and applicable law. Trade Contractor's recovery shall be limited to the amount, if any, which
<br />SIGNATURE recovers, on behalf of Trade Contractor with respect to such claim. Payment by the Owner
<br />or other liable person or entity shall be by an express condition precedent to SIGNATURE's duty of
<br />payment to Trade Contractor.
<br />10.2 Delays Caused Solely by SIGNATURE: Should Trade Contractor's Work be delayed, disrupted or
<br />interfered with solely as a result of wrongful acts or omissions of SIGNATURE or any person or entity for
<br />whom SIGNATURE is liable, then, at SIGNATURE's sole option, Trade Contractor shall receive either:
<br />(a) an extension of time equal to the actual impact of the delay, disruption or interference on the
<br />critical path of Trade Contractor's Work, or
<br />(b) additional compensation as provided in Section 9.8 (a), but only if a written claim for delay is
<br />submitted to SIGNATURE within forty-eight (48) hours from the time of the commencement of
<br />such delay, disruption or interference.
<br />Failure to provide such written claim within the prescribed time period shall result in an irrevocable waiver
<br />of any such claim. The extension of time or the additional compensation provided pursuant to this Section
<br />10.2 shall be Trade Contractor's sole and exclusive remedy against SIGNATURE for delays, disruptions or
<br />interference's caused by the acts or omissions of SIGNATURE or any person or entity for whom
<br />SIGNATURE is liable, and Trade Contractor shall have no right or entitlement to additional compensation,
<br />whether direct or indirect, for such delays, disruptions or interference's. Trade Contractor expressly
<br />waives any claim against SIGNATURE for damage for delay, acceleration, interference, extra work
<br />resulting from such delay, extended overhead, wage escalation, overtime wage provisions, lost opportunity,
<br />or lost profit or financial impact on Trade Contractor's other projects. SIGNATURE's exercise of its rights
<br />pursuant to Section 9.6 shall not constitute a delay, disruption or interference with Trade Contractor's
<br />Work under this Section 10.2.
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