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10.5 Effect of Executed Change Order <br />10.5.1. The execution of a Change Order by the Contractor shall constitute conclusive <br />evidence of the Contractor's agreement to the ordered changes in the Work, this Contract <br />as thus amended, the Contract Price and the Contract Time. The Contractor, by executing <br />the Change Order, waives and forever releases any claim against the City for additional time <br />or compensation for matters relating to or arising out of or resulting from the Work included <br />within or affected by the executed Change Order. <br />10.6 Notice to Surety; Consent <br />10.6.1. As a condition precedent for the certification, approval or payment of any <br />Application for Payment, or as a condition precedent for the approval or execution by the <br />City of any Change Order, or as a condition precedent for;any actionvaeq.uirad by the City - <br />under* this Contract, the City may demand, and the Contractor shall furnish, an <br />appropriately executed Consent of Surety in such form as the City may specify. <br />10.7 _Emergency Change Orders <br />10.7.1. In an emergency that presents immediate danger to person or property, the <br />City's designated representative may order a change in the Work that shall be documented <br />within three (3) days from the inception of said emergency in accordance with the change <br />order requirements of Article X of this Contract. <br />10.8 Construction Change Directive <br />10.8.1. If the City and the Contractor cannot agree on the cost of a change in the <br />Work, the City may issue a written Construction Change Directive ordering a change in the <br />Work prior to reaching agreement with the Contractor on the adjustment, if any, in the <br />Contract Price and/or the Contract Time. <br />10.8.2. The City and the Contractor shall negotiate expeditiously and in good faith for <br />appropriate adjustments, as applicable, to the Contract Price and/or the Contract Time <br />arising out of a Construction Change Directive. Within 15 days of issuance of the <br />Construction Change Directive, the City will issue a Change Order based upon the Engineer <br />/ Architect's estimate for the cost of the Work and any additional agreed upon time <br />extension in accordance with Article 10.3. When a resolution has been reached on the total <br />cost of the Work and the cost of the Work is more or less than the Engineer / Architect's <br />estimate, a final adjusting Change Order will be issued for the difference in both cost and <br />time as is applicable. <br />Page 30 of 43 <br />298 <br />