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4. CHANGES IN THE WORT{ a. City's Right to Order Changes. Changes in the Work under this Agreement, consisting of additions, deletions, revisions, or any combination thereof, may be ordered unilaterally byCity without invalidating the Agreement. Such changes shall be communicated by Change Order or supplemental agreement, as applicable. Contractor shall proceed diligently with any changes, and same shall be accomplished in strict accordance with the following terms and conditions as set forth herein. "Change Order" means a written instrument signed by City requesting a change in the Work. b. Changes and Extensions of Time. All Change Orders, changes requested by Contractor, or extensions of time occurring during construction of the Project related to actual construction work shall be accomplished within the term and schedule set forth in section 5 unless not reasonably practicable. All changes to the scope of design services or extensions of the agreed -upon design schedule during the design process shall be made by mutual agreement of City and Contractor, and claims for an increase in design compensation due to a change in the scope of design construction work or for an extension of time to the design schedule shall be made in writing within seven (7) calendar days after occurrence of the event that gives rise to the claim. All requests for additional compensation due to a change in the scope of design services, and all requests for an extension of time to the design schedule, shall include sufficient backup documentation for City to reasonably understand the request and the amount of time or compensation requested and to determine the merits of the request. c. Adjustments to Price or Time. Upon the occurrence of a Change Order for construction work that increases the cost of the construction work, the price will thereafter include such cost of the construction work and services attributable to such change to the extent allowed by Paragraph (b) above. The failure of Contractor to provide notice in writing to City in accordance with Paragraph (b) of any request for an increase in price or for an extension of time shall constitute a waiver by Contractor of any entitlement thereto. d. Continuing Duty to Perform Construction Work and Make Payment. In the event the parties are unable to agree on the terns of a change order or supplemental agreement, then Contractor shall continue to diligently perform the design services and the construction work, including any change directed by City by change order or supplemental agreement, and shall keep thorough records of the cost of performance of such change order or supplemental agreement. e. Fiduciary Relationship. Contractor recognizes and accepts a fiduciary relationship of trust and confidence hereby established between Contractor and City and agrees that it shall at all times in good faith use its best efforts to advance City's interests and agrees to perform the design services and the construction work in professional manner.