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SUPPLEMENTARY CONDITIONS <br />Section 00800 <br />15-1207 <br />§14.4.8 In arriving at the amount due the Contractor under this clause there shall be deducted: <br />All un -liquidated advance or other payments on account theretofore made to the <br />Contractor, applicable to the terminated portion of the contract; <br />2 Any claim which the Owner may have against the Contractor in connection with <br />the Work; and <br />3 The agreed price for, or the proceeds of sale of, any materials, supplies or other <br />things kept by the Contractor or sold under the provisions of this clause and not <br />otherwise recovered by or credited to the Owner. <br />§14.4.9 If the termination hereunder be partial, before the settlement of the terminated portion of <br />this contract, the Contractor may file with the Owner a request in writing for an equitable <br />adjustment of the price or prices specified in the contract relating to the continued <br />portion of the contract. Such equitable adjustment as may be agreed upon shall be <br />made in the price or prices. Nothing contained herein shall limit the right of the Owner <br />and the Contractor to agree upon the amount or amounts to be paid to the continued <br />portion of the contract when the contract does not establish a contract price for the <br />continued portion. <br />§14.4.10 Remedies: All claims, counter -claims, disputes and other matters in question between <br />the Owner and Contract arising out of or relating to this Contract or its breach will be <br />decided by way of arbitration as set forth herein or in a court of competent jurisdiction <br />within the State of California. <br />§14.4.11 The Contractor understands and agrees that the forgoing termination of Contract for <br />convenience provisions shall be interpreted and enforced pursuant to cases interpreting <br />and enforcing similar provisions in federal procurement contracts. <br />ARTICLE 15 CLAIMS AND DISPUTES <br />§15.1 CLAIMS <br />§15.1.2 NOTICE OF CLAIMS, In the second sentence CHANGE, "21 days" to read "20 days", <br />INSERT a period after the word Claim and delete the remaining portion of the sentence. <br />§15.1.5 CLAIMS FOR ADDITIONAL TIME <br />§15.1.5.1 REVISE the second sentence to ADD the words, "if any" after the word "cost". <br />§15.1.5.2 DELETE this subparagraph in its entirety and SUBSTITUTE the following: <br />If adverse weather conditions are the basis for claim for additional time, such claim shall <br />be documented by data substantiating that weather conditions were abnormal for the <br />period of time, could not have been reasonably anticipated and had an adverse effect on <br />the submitted project schedule. <br />43 <br />