Common use of CONTRACT TIME AND LIQUIDATED DAMAGES Clause in Contracts

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this Agreement. The “Pre-Construction Phase Commencement Date” must be established in a Notice to Proceed to be issued by OWNER. CONTRACTOR must commence the Pre- Construction Phase Services portion of the Work within five (5) calendar days after the Pre-Construction Phase Commencement Date provided that all other conditions of this Agreement related to the commencement of work by the CONTRACTOR and OWNER have been met. Any Work performed by CONTRACTOR prior to the Pre-Construction Phase Commencement Date must be at the sole risk of CONTRACTOR. The “Construction Phase Commencement Date” must be established in the Compensation Amendment. CONTRACTOR must commence the Construction Phase Services portion of the Work within five (5) calendar days after the Construction Phase Commencement Date provided that the OWNER has approved the Compensation Amendment and provided that all other conditions of this Agreement related to the commencement of work by the CONTRACTOR and OWNER have been met. No portion of the Work, with respect to the Construction Phase Services to be provided hereunder, must be performed prior to the Construction Phase Commencement Date, unless expressly authorized in advance by OWNER in writing. The total period of time beginning with the Construction Phase Commencement Date and ending on the date of Substantial Completion of the Work is referred to hereafter as the “Contract Time”. The Contract Time is described in more specificity in Paragraph 6.B below. B. Because the Work is to be completed in two phases, the timely completion of the first phase is critical to the timely completion of the second phase and, therefore, completion of the entire Project. Accordingly, CONTRACTOR agrees to provide the Pre-Construction Phase Services in accordance with the OWNER’S Master Project Schedule, set forth in attached Exhibit C, as that Master Project Schedule such schedule may be updated and revised by OWNER from time to time. With respect to the Construction Phase Services, the Compensation Amendment must set forth the Construction Phase Commencement Date and the date all Work associated with the Construction Phase Services must be substantially completed by CONTRACTOR. The Substantial Completion date must be established in the Compensation Amendment either in terms of calendar days after the Construction Phase Commencement Date or by a date certain. In the event CONTRACTOR and OWNER fail to reach an agreement on the Contract Time and the Substantial Completion Date, OWNER may elect to terminate this Agreement. In the event of any such termination, CONTRACTOR must be entitled to receive that portion of the Contract Amount attributable to the Pre-Construction Phase Services earned to the date of termination plus that portion of any earned compensation associated with any Construction Phase Services provided, to the extent such services were expressly authorized in advance and in writing by OWNER; but CONTRACTOR must not be entitled to any further or additional compensation from OWNER, including but not limited to damages or lost profits on portions of the Work not performed. Substantial Completion of the Work must be achieved when the Work has been completed to the point where OWNER can occupy or utilize the Work for its intended purpose and upon issuance of a Certificate of Occupancy or a Certificate of Completion by the authority having jurisdiction. OWNER must determine, in its sole discretion, the date Substantial Completion of the Work is achieved. If OWNER has designated portions of the Work to be turned over to OWNER prior to Substantial Completion of the entire Work, OWNER must determine in its sole discretion the date as to when Substantial Completion of such designated portions of the Work have been achieved. The entire Work must be fully completed and ready for final acceptance by OWNER within thirty (30) calendar days after the Substantial Completion Date, or within thirty (30) calendar days after CONTRACTOR’S receipt of the punch list, whichever date occurs last. This date must be known as the Final Completion Date by which all other CONTRACTOR obligations of this Agreement must be satisfied. C. OWNER and CONTRACTOR recognize that, since time is of the essence for this Agreement, OWNER will suffer financial loss if the Work associated with the Construction Phase Services is not substantially completed within the Contract Time as established in the Compensation Amendment, as said time period may be adjusted thereafter by Change Order or Construction Change Directive pursuant to the express terms and conditions of the Contract Documents. In such event, the total amount of OWNER’S damages, will be difficult, if not impossible, to definitely ascertain and quantify, because this is a public construction project that will, when completed, benefit the public and enhance the delivery of valuable education to the public, in Marion County, Florida. Accordingly, it is hereby agreed that it is appropriate and fair that OWNER receive liquidated damages from CONTRACTOR, if CONTRACTOR fails to achieve Substantial Completion of the Work within the required Contract Time. Should CONTRACTOR fail to substantially complete the Work within the required time period, OWNER must be entitled to assess, as liquidated damages, but not as a penalty an amount of UU$2,000.00UU for each calendar day thereafter until Substantial Completion is achieved and UU$500.00UU for each calendar day thereafter until Final Completion is achieved. These liquidated damages must be payable in addition to any expenses or costs payable by the CONTRACTOR to the OWNER under the provisions of the Contract Documents. CONTRACTOR hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the Parties agree represents a fair and reasonable estimate of OWNER’S actual damages at the time of contracting if CONTRACTOR fails to substantially complete the Work in a timely manner. D. When any period of time is referenced by days herein, it must be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the laws of the State of Florida, such day must be omitted from the computation, and the last day must become the next succeeding day which is not a Saturday, Sunday or legal holiday. The term “business day” as used herein must mean all days of the week excluding Saturdays, Sundays and all legal holidays observed by OWNER.

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this AgreementContract. The “Pre-Construction Phase Commencement Date” must shall be established in a Notice to Proceed to be issued by OWNEROwner. CONTRACTOR must Construction Contractor shall commence the Pre- Pre-Construction Phase Services portion of the Work within five (5) calendar days after the Pre-Construction Phase Commencement Date provided that all other conditions of this Agreement related to the commencement of work by the CONTRACTOR and OWNER have been metDate. Any Work performed by CONTRACTOR Construction Contractor prior to the Pre-Pre- Construction Phase Commencement Date must shall be at the sole risk of CONTRACTORConstruction Contractor. The “Construction Phase Commencement Date” must shall be established in the Compensation GMP Amendment. CONTRACTOR must Construction Contractor shall commence the Construction Phase Services portion of the Work within five (5) calendar days after the Construction Phase Commencement Date provided that the OWNER has approved the Compensation Amendment and provided that all other conditions of this Agreement related to the commencement of work by the CONTRACTOR and OWNER have been metDate. No portion of the Work, with respect to the Construction Phase Services to be provided hereunder, must shall be performed prior to the Construction Phase Commencement Date, unless expressly authorized approved in advance by OWNER Owner in writing. The total period of time beginning with the Construction Phase Commencement Date and ending on the date of Substantial Completion of the Work is referred to hereafter as the “Contract Time”. The Contract Time is described in set forth with more specificity in Paragraph 6.B B below. B. Because the Work is to be completed in two phases, the timely completion of the first phase is critical to the timely completion of the second phase and, therefore, completion of the entire Project. Accordingly, CONTRACTOR Construction Contractor agrees to provide the Pre-Construction Phase Services in accordance with the OWNER’S Master Project Schedule, set forth in attached Exhibit C, as that Master Project Schedule such design schedule may be updated and revised by OWNER from time established pursuant to timethe terms of the Design Agreement. With respect to the Construction Phase Services, the Compensation GMP Amendment must set forth the Construction Phase Commencement Date and shall include the date all that portion of the Work associated with the Construction Phase Services must be substantially completed by CONTRACTORConstruction Contractor. The That Substantial Completion date must shall be established in the Compensation Amendment either in terms of calendar days after the Construction Phase Commencement Date or by a date certainDate. In the event CONTRACTOR Construction Contractor and OWNER Owner fail to reach an agreement on the Contract Time and the Substantial Completion Datedate, OWNER Owner may elect to terminate this AgreementContract. In the event of any such termination, CONTRACTOR must Construction Contractor shall be entitled to receive that portion of the Contract Amount attributable to the Pre-Construction Phase Services earned to the date of termination plus that portion of any earned compensation associated with any Construction Phase Services provided, to the extent such services were expressly authorized approved in advance and in writing by OWNEROwner; but CONTRACTOR must Construction Contractor shall not be entitled to any further or additional compensation from OWNEROwner, including but not limited to damages or lost profits on portions of the Work not performed. Substantial Completion of the Work must shall be achieved when the Work has been completed to the point where OWNER Owner can occupy or utilize the Work for its intended purpose and upon issuance of a Certificate of Occupancy or a Certificate of Completion by the authority having jurisdictionpurpose. OWNER must determine, in its sole discretion, Design Professional shall certify the date Substantial Completion of the Work is achieved. If OWNER Owner has designated portions of the Work to be turned over to OWNER Owner prior to Substantial Completion of the entire Work, OWNER must determine in its sole discretion Design Professional shall certify the date as to when Substantial Completion of such designated portions of the Work have been achieved. The entire Work must shall be fully completed and ready for final acceptance by OWNER Owner within thirty (30) 30 calendar days after the Substantial Completion Datedate, or within thirty (30) 30 calendar days after CONTRACTOR’S Construction Contractor’s receipt of the punch list, whichever date occurs last. This date must be known as the Final Completion Date by which all other CONTRACTOR obligations of this Agreement must be satisfied. C. OWNER Owner and CONTRACTOR Construction Contractor recognize that, since time is of the essence for this AgreementContract, OWNER Owner will suffer financial loss if the Work associated with the Construction Phase Services is not substantially completed within the Contract Time as established time specified in the Compensation GMP Amendment, as said time period may be adjusted thereafter by Change Order or Construction Change Directive pursuant to the express terms and conditions of the Contract Documentsas provided for herein. In such event, the total amount of OWNER’S Owner’s damages, will be difficult, if not impossible, to definitely ascertain and quantify, because this is a public construction project that will, when completed, benefit the public and enhance the delivery of valuable education to the public, in Marion Orange County, Florida. Accordingly, it It is hereby agreed that it is appropriate and fair that OWNER Owner receive liquidated damages from CONTRACTORConstruction Contractor, if CONTRACTOR Construction Contractor fails to achieve Substantial Completion of the Work within the required Contract Time. Should CONTRACTOR Construction Contractor fail to substantially complete the Work within the required time period, OWNER must Owner shall be entitled to assess, as liquidated damages, but not as a penalty an amount of UU$2,000.00UU penalty, <WRITTEN LD AMOUNT> <$LD> for each calendar day thereafter until Substantial Completion is achieved and UU$500.00UU for each calendar day thereafter until Final Completion is achieved. These liquidated damages must be payable in addition to any expenses or costs payable by the CONTRACTOR to the OWNER under the provisions of the Contract Documents. CONTRACTOR Construction Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the Parties parties agree represents a fair and reasonable estimate of OWNER’S Owner’s actual damages at the time of contracting if CONTRACTOR Construction Contractor fails to substantially complete the Work in a timely manner. D. When any period of time is referenced by days herein, it must shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the laws of the State of Florida, such day must shall be omitted from the computation, and the last day must shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. The term “business day” as used herein must shall mean all days of the week excluding Saturdays, Sundays and all legal holidays observed by OWNEROwner.

CONTRACT TIME AND LIQUIDATED DAMAGES. ‌ A. Time is of the essence in the performance of the Work under this AgreementContract. The “Pre-Construction Phase Commencement Date” must shall be established in a Notice to Proceed to be issued by OWNEROwner. CONTRACTOR must Construction Contractor shall commence the Pre- Pre-Construction Phase Services portion of the Work within five (5) calendar days after the Pre-Construction Phase Commencement Date provided that all other conditions of this Agreement related to the commencement of work by the CONTRACTOR and OWNER have been metDate. Any Work performed by CONTRACTOR Construction Contractor prior to the Pre-Pre- Construction Phase Commencement Date must shall be at the sole risk of CONTRACTOR. Construction Contractor. B. The “Construction Phase Commencement Date” must shall be established in the Compensation GMP Amendment. CONTRACTOR must Construction Contractor shall commence the Construction Phase Services portion of the Work within five (5) calendar days after the Construction Phase Commencement Date provided that the OWNER has approved the Compensation Amendment and provided that all other conditions of this Agreement related to the commencement of work by the CONTRACTOR and OWNER have been metDate. No portion of the Work, with respect to the Construction Phase Services to be provided hereunder, must shall be performed prior to the Construction Phase Commencement Date, unless expressly authorized approved in advance by OWNER Owner in writing. The total period of time beginning with the Construction Phase Commencement Date and ending on the date of Substantial Completion of the Work is referred to hereafter as the “Contract Time”. The Contract Time is described in set forth with more specificity in Paragraph 6.B C below. If Owner elects not to utilize Construction Contractor for Pre-Construction Services, the “Construction Phase Commencement Date” shall be established in a Notice to Proceed to be issued by Owner. B. C. Because the Work is to be completed in two phases, the timely completion of the first phase is critical to the timely completion of the second phase and, therefore, completion of the entire Project. Accordingly, CONTRACTOR Construction Contractor agrees to provide the Pre-Construction Phase Services in accordance with the OWNER’S Master Project Schedule, set forth in attached Exhibit C, as that Master Project Schedule such design schedule may be updated and revised by OWNER from time established pursuant to timethe terms of the Design Agreement. With respect to the Construction Phase Services, the Compensation GMP Amendment must set forth the Construction Phase Commencement Date and shall include the date all that portion of the Work associated with the Construction Phase Services must be substantially completed by CONTRACTORConstruction Contractor. The That Substantial Completion date must shall be established in the Compensation Amendment either in terms of calendar days after the Construction Phase Commencement Date or by a date certainDate. In the event CONTRACTOR Construction Contractor and OWNER Owner fail to reach an agreement on the Contract Time and the Substantial Completion Datedate, OWNER Owner may elect to terminate this AgreementContract. In the event of any such termination, CONTRACTOR must Construction Contractor shall be entitled to receive that portion of the Contract Amount attributable to the Pre-Construction Phase Services earned to the date of termination plus that portion of any earned compensation associated with any Construction Phase Services provided, to the extent such services were expressly authorized approved in advance and in writing by OWNEROwner; but CONTRACTOR must Construction Contractor shall not be entitled to any further or additional compensation from OWNEROwner, including but not limited to damages or lost profits on portions of the Work not performed. Substantial Completion of the Work must shall be achieved when the Work has been completed to the point where OWNER Owner can occupy or utilize the Work for its intended purpose and upon issuance of a Certificate of Occupancy or a Certificate of Completion by the authority having jurisdictionpurpose. OWNER must determine, in its sole discretion, Design Professional shall certify the date Substantial Completion of the Work is achieved. If OWNER Owner has designated portions of the Work to be turned over to OWNER Owner prior to Substantial Completion of the entire Work, OWNER must determine in its sole discretion Design Professional shall certify the date as to when Substantial Completion of such designated portions of the Work have been achieved. The entire Work must shall be fully completed and ready for final acceptance by OWNER Owner within thirty (30) 30 calendar days after the Substantial Completion Datedate, or within thirty (30) 30 calendar days after CONTRACTOR’S Construction Contractor’s receipt of the punch list, whichever date occurs last. This date must be known as the Final Completion Date by which all other CONTRACTOR obligations of this Agreement must be satisfied. C. OWNER D. Owner and CONTRACTOR Construction Contractor recognize that, since time is of the essence for this AgreementContract, OWNER Owner will suffer financial loss if the Work associated with the Construction Phase Services is not substantially completed within the Contract Time as established time specified in the Compensation GMP Amendment, as said time period may be adjusted thereafter by Change Order or Construction Change Directive pursuant to the express terms and conditions of the Contract Documentsas provided for herein. In such event, the total amount of OWNER’S Owner’s damages, will be difficult, if not impossible, to definitely ascertain and quantify, because this is a public construction project that will, when completed, benefit the public and enhance the delivery of valuable education to the public, in Marion POLK County, Florida. Accordingly, it It is hereby agreed that it is appropriate and fair that OWNER Owner receive liquidated damages from CONTRACTORConstruction Contractor, if CONTRACTOR Construction Contractor fails to achieve Substantial Completion of the Work within the required Contract Time. Should CONTRACTOR Construction Contractor fail to substantially complete the Work within the required time period, OWNER must Owner shall be entitled to assess, as liquidated damages, but not as a penalty an amount of UU$2,000.00UU penalty, $ ( ) for each calendar day thereafter until Substantial Completion is achieved and UU$500.00UU for each calendar day thereafter until Final Completion is achieved. These liquidated damages must be payable in addition to any expenses or costs payable by the CONTRACTOR to the OWNER under the provisions of the Contract Documents. CONTRACTOR Construction Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the Parties parties agree represents a fair and reasonable estimate of OWNER’S Owner’s actual damages at the time of contracting if CONTRACTOR Construction Contractor fails to substantially complete the Work in a timely manner. D. E. When any period of time is referenced by days herein, it must shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the laws of the State of FloridaFlorida or observed by Owner, such day must shall be omitted from the computation, and the last day must shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. The term “business day” as used herein must shall mean all days of the week excluding Saturdays, Sundays and all legal holidays observed by OWNEROwner.

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this AgreementContract. The “Pre-Construction Phase Commencement Date” must shall be established in a Notice to Proceed to be issued by OWNEROwner. CONTRACTOR must Construction Contractor shall commence the Pre- Pre-Construction Phase Services portion of the Work within five (5) calendar days after the Pre-Construction Phase Commencement Date provided that all other conditions of this Agreement related to the commencement of work by the CONTRACTOR and OWNER have been metDate. Any Work performed by CONTRACTOR Construction Contractor prior to the Pre-Pre- Construction Phase Commencement Date must shall be at the sole risk of CONTRACTORConstruction Contractor. The “Construction Phase Commencement Date” must shall be established in the Compensation GMP Amendment. CONTRACTOR must Construction Contractor shall commence the Construction Phase Services portion of the Work within five (5) calendar days after the Construction Phase Commencement Date provided that the OWNER has approved the Compensation Amendment and provided that all other conditions of this Agreement related to the commencement of work by the CONTRACTOR and OWNER have been metDate. No portion of the Work, with respect to the Construction Phase Services to be provided hereunder, must shall be performed prior to the Construction Phase Commencement Date, unless expressly authorized approved in advance by OWNER Owner in writing. The total period of time beginning with the Construction Phase Commencement Date and ending on the date of Substantial Completion of the Work is referred to hereafter as the “Contract Time”. The Contract Time is described in set forth with more specificity in Paragraph 6.B B below. B. Because the Work is to be completed in two phases, the timely completion of the first phase is critical to the timely completion of the second phase and, therefore, completion of the entire Project. Accordingly, CONTRACTOR Construction Contractor agrees to provide the Pre-Construction Phase Services in accordance with the OWNER’S Master Project Schedule, set forth in attached Exhibit C, as that Master Project Schedule such design schedule may be updated and revised by OWNER from time established pursuant to timethe terms of the Design Agreement. With respect to the Construction Phase Services, the Compensation GMP Amendment must set forth the Construction Phase Commencement Date and shall include the date all that portion of the Work associated with the Construction Phase Services must be substantially completed by CONTRACTORConstruction Contractor. The That Substantial Completion date must shall be established in the Compensation Amendment either in terms of calendar days after the Construction Phase Commencement Date or by a date certainDate. In the event CONTRACTOR Construction Contractor and OWNER Owner fail to reach an agreement on the Contract Time and the Substantial Completion Datedate, OWNER Owner may elect to terminate this AgreementContract. In the event of any such termination, CONTRACTOR must Construction Contractor shall be entitled to receive that portion of the Contract Amount attributable to the Pre-Construction Phase Services earned to the date of termination plus that portion of any earned compensation associated with any Construction Phase Services provided, to the extent such services were expressly authorized approved in advance and in writing by OWNEROwner; but CONTRACTOR must Construction Contractor shall not be entitled to any further or additional compensation from OWNEROwner, including but not limited to damages or lost profits on portions of the Work not performed. Substantial Completion of the Work must shall be achieved when the Work has been completed to the point where OWNER Owner can occupy or utilize the Work for its intended purpose and upon issuance of a Certificate of Occupancy or a Certificate of Completion by the authority having jurisdictionpurpose. OWNER must determine, in its sole discretion, Design Professional shall certify the date Substantial Completion of the Work is achieved. If OWNER Owner has designated portions of the Work to be turned over to OWNER Owner prior to Substantial Completion of the entire Work, OWNER must determine in its sole discretion Design Professional shall certify the date as to when Substantial Completion of such designated portions of the Work have been achieved. The entire Work must shall be fully completed and ready for final acceptance by OWNER Owner within thirty (30) 30 calendar days after the Substantial Completion Datedate, or within thirty (30) 30 calendar days after CONTRACTOR’S the Construction Contractor’s receipt of the punch list, whichever date occurs last. This date must be known as the Final Completion Date by which all other CONTRACTOR obligations of this Agreement must be satisfied. C. OWNER Owner and CONTRACTOR Construction Contractor recognize that, since time is of the essence for this AgreementContract, OWNER Owner will suffer financial loss if the Work associated with the Construction Phase Services is not substantially completed within the Contract Time as established time specified in the Compensation GMP Amendment, as said time period may be adjusted thereafter by Change Order or Construction Change Directive pursuant to the express terms and conditions of the Contract Documentsas provided for herein. In such event, the total amount of OWNER’S Owner’s damages, will be difficult, if not impossible, to definitely ascertain and quantify, because this is a public construction project that will, when completed, benefit the public and enhance the delivery of valuable education to the public, in Marion Orange County, Florida. Accordingly, it It is hereby agreed that it is appropriate and fair that OWNER Owner receive liquidated damages from CONTRACTORConstruction Contractor, if CONTRACTOR Construction Contractor fails to achieve Substantial Completion of the Work within the required Contract Time. Should CONTRACTOR Construction Contractor fail to substantially complete the Work within the required time period, OWNER must Owner shall be entitled to assess, as liquidated damages, but not as a penalty an amount of UU$2,000.00UU penalty, $ for each calendar day thereafter until Substantial Completion is achieved and UU$500.00UU for each calendar day thereafter until Final Completion is achieved. These liquidated damages must be payable in addition to any expenses or costs payable by the CONTRACTOR to the OWNER under the provisions of the Contract Documents. CONTRACTOR Construction Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the Parties parties agree represents a fair and reasonable estimate of OWNER’S Owner’s actual damages at the time of contracting if CONTRACTOR Construction Contractor fails to substantially complete the Work in a timely manner. D. When any period of time is referenced by days herein, it must shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the laws of the State of Florida, such day must shall be omitted from the computation, and the last day must shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. The term “business day” as used herein must shall mean all days of the week excluding Saturdays, Sundays and all legal holidays observed by OWNEROwner.

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this AgreementContract. The “Pre-Construction Phase Commencement Date” must shall be established in a Notice to Proceed to be issued by OWNEROwner. CONTRACTOR must Construction Manager shall commence the Pre- Pre-Construction Phase Services portion of the Work within five (5) calendar days after the Pre-Construction Phase Commencement Date provided that all other conditions of this Agreement related to the commencement of work by the CONTRACTOR and OWNER have been metDate. Any Work performed by CONTRACTOR Construction Manager prior to the Pre-Construction Phase Commencement Date must shall be at the sole risk of CONTRACTORConstruction Manager. The “Construction Phase Commencement Date” must shall be established in the Compensation GMP Amendment. CONTRACTOR must Construction Manager shall commence the Construction Phase Services portion of the Work within five (5) calendar days after the Construction Phase Commencement Date provided that the OWNER has approved the Compensation Amendment and provided that all other conditions of this Agreement related to the commencement of work by the CONTRACTOR and OWNER have been metDate. No portion of the Work, with respect to the Construction Phase Services to be provided hereunder, must shall be performed prior to the Construction Phase Commencement Date, unless expressly authorized approved in advance by OWNER Owner in writing. The total period of time beginning with the Construction Phase Commencement Date and ending on the date of Substantial Completion of the Work is referred to hereafter as the “Contract Time”. The Contract Time is described in set forth with more specificity in Paragraph 6.B B below. B. Because the Work is to may be completed in two phases, the timely completion of the first phase is critical to the timely completion of the second phase and, therefore, completion of the entire Project. Accordingly, CONTRACTOR if applicable, Construction Manager agrees to provide the Pre-Pre- Construction Phase Services in accordance with the OWNER’S Master Project Schedule, set forth in attached Exhibit C, as that Master Project Schedule such design schedule may be updated and revised by OWNER from time established pursuant to timethe terms of the Design Agreement. With respect to the Construction Phase Services, the Compensation GMP Amendment must set forth the Construction Phase Commencement Date and shall include the date all that portion of the Work associated with the Construction Phase Services must be substantially completed by CONTRACTORConstruction Manager. The That Substantial Completion date must shall be established in the Compensation Amendment either in terms of calendar days after the Construction Phase Commencement Date or by a date certainDate. In the event CONTRACTOR Construction Manager and OWNER Owner fail to reach an agreement on the Contract Time and the Substantial Completion Datedate, OWNER Owner may elect to terminate this AgreementContract. In the event of any such termination, CONTRACTOR must Construction Manager shall be entitled to receive that portion of the Contract Amount attributable to the Pre-Construction Phase Services earned to the date of termination plus that portion of any earned compensation associated with any Construction Phase Services provided, to the extent such services were expressly authorized approved in advance and in writing by OWNEROwner; but CONTRACTOR must Construction Manager shall not be entitled to any further or additional compensation from OWNEROwner, including but not limited to damages or lost profits on portions of the Work not performed. Substantial Completion of the Work must shall be achieved when the Work has been completed to the point where OWNER Owner can occupy or utilize the Work for its intended purpose and upon issuance of a Certificate of Occupancy or a Certificate of Completion by the authority having jurisdictionpurpose. OWNER must determine, in its sole discretion, Design Professional shall certify the date Substantial Completion of the Work is achieved. If OWNER Owner has designated portions of the Work to be turned over to OWNER Owner prior to Substantial Completion of the entire Work, OWNER must determine in its sole discretion Design Professional shall certify the date as to when Substantial Completion of such designated portions of the Work have been achieved. The entire Work must shall be fully completed and ready for final acceptance by OWNER Owner within thirty (30) 30 calendar days after the Substantial Completion Date, or within thirty (30) calendar days after CONTRACTOR’S receipt of the punch list, whichever date occurs last. This date must be known as the Final Completion Date by which all other CONTRACTOR obligations of this Agreement must be satisfieddate. C. OWNER Owner and CONTRACTOR Construction Manager recognize that, since time is of the essence for this AgreementContract, OWNER Owner will suffer financial loss if the Work associated with the Construction Phase Services is not substantially completed within the Contract Time as established time specified in the Compensation GMP Amendment, as said time period may be adjusted thereafter by Change Order or Construction Change Directive pursuant to the express terms and conditions of the Contract Documentsas provided for herein. In such event, the total amount of OWNER’S Owner’s damages, will be difficult, if not impossible, to definitely ascertain and quantify, because this is a public construction project that will, when completed, benefit the public and enhance the delivery of valuable education to the public, in Marion Pinellas County, Florida. Accordingly, it It is hereby agreed that it is appropriate and fair that OWNER Owner receive liquidated damages from CONTRACTORConstruction Manager, if CONTRACTOR Construction Manager fails to achieve Substantial Completion of the Work within the required Contract Time. Should CONTRACTOR Construction Manager fail to substantially complete the Work within the required time period, OWNER must Owner shall be entitled to assess, as liquidated damages, but not as a penalty an amount of UU$2,000.00UU penalty, Two Thousand Dollars, $2,000, for each calendar day thereafter until Substantial Completion is achieved and UU$500.00UU for each calendar day thereafter until Final Completion is achieved. These liquidated damages must However, the maximum amount in Liquidated Damages the Construction Manager shall be payable in addition to any expenses liable for shall be an amount less than or costs payable by equal the CONTRACTOR to the OWNER under the provisions of the Contract DocumentsConstruction Manager’s Fee. CONTRACTOR Construction Manager hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the Parties parties agree represents a fair and reasonable estimate of OWNER’S Owner’s actual damages at the time of contracting if CONTRACTOR Construction Manager fails to substantially complete the Work in a timely manner. D. When any period of time is referenced by days herein, it must shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the laws of the State of Florida, such day must shall be omitted from the computation, and the last day must shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. The term “business day” as used herein must shall mean all days of the week excluding Saturdays, Sundays and all legal holidays observed by OWNEROwner.

CONTRACT TIME AND LIQUIDATED DAMAGES. ‌ A. Time is of the essence in the performance of the Work under this AgreementContract with respect to achieving Substantial Completion on a timely basis. The “Pre-Construction Phase Commencement Date” must shall be established in a Notice to Proceed to be issued issued. by OWNEROwner. CONTRACTOR must Construction Manager shall commence the Pre- Pre-Construction Phase Services portion of the Work within five (5) calendar days after the Pre-Construction Phase Commencement Date provided that all other conditions of this Agreement related to the commencement of work by the CONTRACTOR and OWNER have been metDate. Any Work performed by CONTRACTOR Construction Manager prior to the Pre-Construction Phase Commencement Date must shall be at the sole risk of CONTRACTORConstruction Manager. The “Construction Phase Commencement Date” must be shallbe established in the Compensation GMP Amendment. CONTRACTOR must Construction Manager shall commence the Construction Phase Services portion of the Work within five (5) calendar days after the Construction Phase Commencement Date provided that the OWNER has approved the Compensation Amendment and provided that all other conditions of this Agreement related Date, which shall be established in a Construction Phase Commencement Notice to the commencement of work Proceed to be issued by the CONTRACTOR and OWNER have been metOwner. No portion of the Work, with respect to the Construction Phase Services to be provided hereunder, must shall be performed prior to the Construction Phase Commencement DateNotice to Proceed, unless expressly authorized approved in advance by OWNER Owner in writing. The total period of time beginning with the Construction Phase Commencement Date and ending on the date of Substantial Completion of the Work is referred to hereafter as the “Contract Time”. The Contract Time is described in set forth with more specificity in Paragraph 6.B B below. B. Because the Work is to be completed in two phases, the timely completion of the first phase is critical to the timely completion of the second phase and, therefore, completion of the entire Project. Accordingly, CONTRACTOR Construction Manager agrees to provide the Pre-Construction Phase Services in accordance with the OWNER’S Master Project Schedule, set forth in attached Exhibit C, as that Master Project Schedule such design schedule may be updated and revised by OWNER from time established pursuant to timethe terms of the Design Agreement. With respect to the Construction Phase Services, the Compensation GMP Amendment must set forth the Construction Phase Commencement Date and shall include the date all that portion of the Work associated with the Construction Phase Services must be substantially completed by CONTRACTORConstruction Manager. The That Substantial Completion date must shall be established in the Compensation Amendment either in terms of calendar days after the Construction Phase Commencement Date or by a date certainDate. In the event CONTRACTOR Construction Manager and OWNER Owner fail to reach an agreement on the Contract Time and the Substantial Completion Datedate, OWNER Owner may elect to terminate this AgreementContract. In the event of any such termination, CONTRACTOR must Construction Manager shall be entitled to receive that portion of the Contract Amount attributable to the Pre-Construction Phase Services earned to the date of termination plus that portion of any earned compensation associated with any Construction Phase Services provided, to the extent such services were expressly authorized approved in advance and in writing by OWNEROwner; but CONTRACTOR must Construction Manager shall not be entitled to any further or additional compensation from OWNEROwner, including but not limited to damages or lost profits on portions of the Work not performed. Substantial Completion of the Work must shall be achieved when the Work has been completed to the point where OWNER Owner can occupy or utilize the Work for its intended purpose and upon issuance of a Certificate of Occupancy or a Certificate of Completion by the authority having jurisdictionpurpose. OWNER must determine, in its sole discretion, Design Professional shall certify the date Substantial Completion of the Work is achieved. If OWNER Owner has designated portions of the Work to be turned over to OWNER Owner prior to Substantial Completion of the entire Work, OWNER must determine in its sole discretion Design Professional shall certify the date as to when Substantial Completion of such designated portions of the Work have been achieved. The entire Work must shall be fully completed and ready for final acceptance by OWNER Owner within thirty sixty (3060) calendar days after the Substantial Completion Datedate, or within thirty sixty (3060) calendar days after CONTRACTOR’S Construction Manager’s receipt of the punch list, whichever date occurs last. This date must be known as the Final Completion Date by which all other CONTRACTOR obligations of this Agreement must be satisfied. C. OWNER Owner and CONTRACTOR Construction Manager recognize that, since time is of the essence for this AgreementContract, OWNER Owner will suffer financial loss if the Work associated with the Construction Phase Services is not substantially completed within the Contract Time as established time specified in the Compensation GMP Amendment, as said time period may be adjusted thereafter by Change Order or Construction Change Directive pursuant to the express terms and conditions of the Contract Documentsas provided for herein. In such event, the total amount of OWNER’S Owner’s damages, will be difficult, if not impossible, to definitely ascertain and quantify, because this is a public construction project that will, when completed, benefit the public and enhance the delivery of valuable education services to the public, in Marion CountyCity of Naples, Florida. Accordingly, it It is hereby agreed that it is appropriate and fair that OWNER Owner receive liquidated damages from CONTRACTORConstruction Manager, if CONTRACTOR Construction Manager fails to achieve Substantial Completion of the Work within the required Contract Time. Should CONTRACTOR Construction Manager fail to substantially complete the Work within the required time period, OWNER must Owner shall be entitled to assess, as liquidated damages, but not as a penalty an amount of UU$2,000.00UU penalty, that sum specified in the GMP Amendment for each calendar day thereafter until Substantial Completion is achieved and UU$500.00UU for each calendar day thereafter until Final Completion is achieved. These liquidated damages must be payable in addition to any expenses or costs payable by the CONTRACTOR to the OWNER under the provisions of the Contract Documents. CONTRACTOR Construction Manager hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the Parties parties agree represents a fair and reasonable estimate of OWNER’S Owner’s actual damages at the time of contracting if CONTRACTOR Construction Manager fails to substantially complete the Work in a timely manner. D. When any period of time is referenced by days herein, it must shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the laws of the State of Florida, such day must shall be omitted from the computation, and the last day must shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. The term “business day” as used herein must shall mean all days of the week excluding Saturdays, Sundays and all legal holidays observed by OWNEROwner.

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this AgreementContract. The “Pre-Construction Phase Commencement Date” must for the Pre-Construction Phase Services for any particular Project shall be established in a Notice to Proceed the applicable Work Authorization to be issued by OWNEROwner for such Work. CONTRACTOR must Construction Contractor shall commence the Pre- Pre-Construction Phase Services portion of the Work within five (5) calendar business days after the Pre-Construction Phase Commencement Date provided that all other conditions of this Agreement related to the commencement of work by the CONTRACTOR and OWNER have been metDate. Any Pre-Construction Phase Services Work for a particular Project performed by CONTRACTOR Construction Contractor prior to the Pre-Construction Phase Commencement Date must for that Project shall be at the sole risk of CONTRACTORConstruction Contractor. The “Construction Phase Commencement Date” must for the Construction Phases Services for any particular Project shall be established in the Compensation Amendmentapplicable Work Authorization to be issued by Owner for such Work. CONTRACTOR must Construction Contractor shall commence the Construction Phase Services portion of the Work within five (5) calendar days after the Construction Phase Commencement Date provided that the OWNER has approved the Compensation Amendment and provided that all other conditions of this Agreement related to the commencement of work by the CONTRACTOR and OWNER have been metDate. No portion of the Work, with respect to the Construction Phase Services to be provided hereunder, must shall be performed prior to the Construction Phase Commencement DateDate for that Project , unless expressly authorized approved in advance by OWNER Owner in writing. The total period of time beginning with the Construction Phase Commencement Date and ending on the date of Substantial Completion of the subject Work is referred to hereafter as the “Contract Time”” for the subject Project. The Contract Time is described in set forth with more specificity in Paragraph 6.B B below. B. Because the Work generally is to be completed in two phases, the timely completion of the first phase is critical to the timely completion of the second phase and, therefore, the completion of the entire each Project. Accordingly, CONTRACTOR Construction Contractor agrees to provide the Pre-Construction Phase Services in accordance with the OWNER’S Master Project Schedule, design schedule to be set forth in attached Exhibit C, as that Master Project Schedule such schedule may be updated and revised by OWNER from time an attachment to timethe applicable Work Authorization. With respect to the Construction Phase Services, the Compensation Amendment must set forth the Construction Phase Commencement Date and applicable Work Authorization shall include the date all that portion of the Work associated with the subject Construction Phase Services must be substantially completed by CONTRACTORConstruction Contractor. The That Substantial Completion date must shall be established in the Compensation Amendment either in terms of calendar days after the Construction Phase Commencement Date or by a date certainDate. In the event CONTRACTOR Construction Contractor and OWNER Owner fail to reach an agreement on the Contract Time and the Substantial Completion Datedate, OWNER Owner may elect to terminate this AgreementContract. In the event of any such termination, CONTRACTOR must Construction Contractor shall be entitled to receive that portion of the Contract Amount attributable to the Pre-Construction Phase Services earned to the date of termination plus that portion of any earned compensation associated with any Construction Phase Services provided, to the extent such services were expressly authorized approved in advance and in writing by OWNEROwner; but CONTRACTOR must Construction Contractor shall not be entitled to any further or additional compensation from OWNEROwner, including but not limited to damages or lost profits on portions of the Work not performed. Substantial Completion of the Work must shall be achieved when the Work has been completed to the point where OWNER Owner can occupy or utilize the Work for its intended purpose and upon issuance of a Certificate of Occupancy or a Certificate of Completion by the authority having jurisdictionpurpose. OWNER must determine, in its sole discretion, Design Professional shall certify the date Substantial Completion of the Work is achieved. If OWNER Owner has designated portions of the Work to be turned over to OWNER Owner prior to Substantial Completion of the entire Work, OWNER must determine in its sole discretion Design Professional shall certify the date as to when Substantial Completion of such designated portions of the Work have been achieved. The entire subject Work must shall be fully completed and ready for final acceptance by OWNER Owner within thirty (30) calendar days after the Substantial Completion Datedate, unless a different period of time is specified in the applicable Work Authorization, or within thirty (30) 30 calendar days after CONTRACTOR’S Construction Contractor’s receipt of the punch list, whichever date occurs last. This date must be known as the Final Completion Date by which all other CONTRACTOR obligations of this Agreement must be satisfied... C. OWNER Owner and CONTRACTOR Construction Contractor recognize that, since time is of the essence for this Agreementthe performance of the Work under each subject Work Authorization Contract, OWNER Owner will suffer financial loss if the Work associated with the Construction Phase Services on any particular Project is not substantially completed within the Contract Time as established time specified in the Compensation Amendmentapplicable Work Authorization, as said time period may be adjusted thereafter by Change Order or Construction Change Directive pursuant to the express terms and conditions of the Contract Documentsas provided for herein. In such event, the total amount of OWNER’S Owner’s damages, will be difficult, if not impossible, to definitely ascertain and quantify, because this is a public construction project that will, when completed, benefit the public and enhance the delivery of valuable education to the public, in Marion Orange County, Florida. Accordingly, it It is hereby agreed that it is appropriate and fair that OWNER Owner receive liquidated damages from CONTRACTORConstruction Contractor, if CONTRACTOR Construction Contractor fails to achieve Substantial Completion of the Work within the required Contract Time. Should CONTRACTOR Unless otherwise provided in the applicable Work Authorization, should Construction Contractor fail to substantially complete the Work within the required time period, OWNER must Owner shall be entitled to assess, as liquidated damages, but not as a penalty an amount of UU$2,000.00UU penalty, $ for each calendar day thereafter until Substantial Completion is achieved and UU$500.00UU for each calendar day thereafter until Final Completion of the subject Work Authorization is achieved. These liquidated damages must be payable in addition to any expenses or costs payable by the CONTRACTOR to the OWNER under the provisions of the Contract Documents. CONTRACTOR Construction Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the Parties parties agree represents a fair and reasonable estimate of OWNER’S Owner’s actual damages at the time of contracting if CONTRACTOR Construction Contractor fails to substantially complete the Work in a timely manner. D. When any period of time is referenced by days herein, it must shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the laws of the State of Florida, such day must shall be omitted from the computation, and the last day must shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. The term “business day” as used herein must shall mean all days of the week excluding Saturdays, Sundays and all legal holidays observed by OWNEROwner. E. Notwithstanding anything herein to the contrary, this Contract shall have an initial term of one (1) year from of the date it is executed by both Owner and Construction Contractor. The Orange County School Board reserves the right to renew this contract for up to four (4) additional one year periods. This Contract shall automatically renew unless either party hereto elects not to renew this Contract by sending the other party written notice thereof (“Non- Renewal Notice”) at least sixty (60) days prior to the annual anniversary of this Contract. Accordingly, the maximum term for this Contract shall be five years. In the event Construction Contractor sends the Non-Renewal Notice to Owner, thereafter no new Work Authorizations shall be issued under this Contract, but Construction Contractor shall be obligated to complete all Work Authorizations issued prior to such Non-Renewal Notice, subject to the other terms and conditions of the Contract, including but not limited to, Owner’s right to terminate any and all such Work Authorizations for cause or its convenience. In the event Owner sends Construction Contractor the written Non-Renewal Notice, Owner shall designate therein as to how any pending Work under any still outstanding Work Authorizations are to be handled, which directions may provide for either the termination or continued performance of such Work. If Owner directs Construction Contractor to continue to perform any such Work, Construction Contractor shall continue performance of such Work in accordance with Owner’s directions and this Contract shall continue as to such Work.

CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time is of the essence in the performance of the Work under this AgreementContract. The “Pre-Construction Phase Commencement Date” must shall be established in a Notice to Proceed to be issued by OWNEROwner. CONTRACTOR must Construction Contractor shall commence the Pre- Pre-Construction Phase Services portion of the Work within five (5) calendar days after the Pre-Construction Phase Commencement Date provided that all other conditions of this Agreement related to the commencement of work by the CONTRACTOR and OWNER have been metDate. Any Work performed by CONTRACTOR Construction Contractor prior to the Pre-Pre- Construction Phase Commencement Date must shall be at the sole risk of CONTRACTORConstruction Contractor. The “Construction Phase Commencement Date” must shall be established in the Compensation GMP Amendment. CONTRACTOR must Construction Contractor shall commence the Construction Phase Services portion of the Work within five (5) calendar days after the Construction Phase Commencement Date provided that the OWNER has approved the Compensation Amendment and provided that all other conditions of this Agreement related to the commencement of work by the CONTRACTOR and OWNER have been metDate. No portion of the Work, with respect to the Construction Phase Services to be provided hereunder, must shall be performed prior to the Construction Phase Commencement Date, unless expressly authorized approved in advance by OWNER Owner in writing. The total period of time beginning with the Construction Phase Commencement Date and ending on the date of Substantial Completion of the Work is referred to hereafter as the “Contract Time”. The Contract Time is described in set forth with more specificity in Paragraph 6.B B below. B. Because the Work is to be completed in two phases, the timely completion of the first phase is critical to the timely completion of the second phase and, therefore, completion of the entire Project. Accordingly, CONTRACTOR Construction Contractor agrees to provide the Pre-Construction Phase Services in accordance with the OWNER’S Master Project Schedule, set forth in attached Exhibit C, as that Master Project Schedule such design schedule may be updated and revised by OWNER from time established pursuant to timethe terms of the Design Agreement. With respect to the Construction Phase Services, the Compensation GMP Amendment must set forth the Construction Phase Commencement Date and shall include the date all that portion of the Work associated with the Construction Phase Services must be substantially completed by CONTRACTORConstruction Contractor. The That Substantial Completion date must shall be established in the Compensation Amendment either in terms of calendar days after the Construction Phase Commencement Date or by a date certainDate. In the event CONTRACTOR Construction Contractor and OWNER Owner fail to reach an agreement on the Contract Time and the Substantial Completion Datedate, OWNER Owner may elect to terminate this AgreementContract. In the event of any such termination, CONTRACTOR must Construction Contractor shall be entitled to receive that portion of the Contract Amount attributable to the Pre-Construction Phase Services earned to the date of termination plus that portion of any earned compensation associated with any Construction Phase Services provided, to the extent such services were expressly authorized approved in advance and in writing by OWNEROwner; but CONTRACTOR must Construction Contractor shall not be entitled to any further or additional compensation from OWNEROwner, including but not limited to damages or lost profits on portions of the Work not performed. Substantial Completion of the Work must shall be achieved when the Work has been completed to the point where OWNER Owner can occupy or utilize the Work for its intended purpose and upon issuance of a Certificate of Occupancy or a Certificate of Completion by the authority having jurisdictionpurpose. OWNER must determine, in its sole discretion, Design Professional shall certify the date Substantial Completion of the Work is achieved. If OWNER Owner has designated portions of the Work to be turned over to OWNER Owner prior to Substantial Completion of the entire Work, OWNER must determine in its sole discretion Design Professional shall certify the date as to when Substantial Completion of such designated portions of the Work have been achieved. The entire Work must shall be fully completed and ready for final acceptance by OWNER Owner within thirty (30) 120 calendar days after the Substantial Completion Datedate, or within thirty (30) 120 calendar days after CONTRACTOR’S Construction Contractor’s receipt of the punch list, whichever date occurs last. This date must be known as the Final Completion Date by which all other CONTRACTOR obligations of this Agreement must be satisfied. C. OWNER Owner and CONTRACTOR Construction Contractor recognize that, since time is of the essence for this AgreementContract, OWNER Owner will suffer financial loss if the Work associated with the Construction Phase Services is not substantially completed within the Contract Time as established time specified in the Compensation GMP Amendment, as said time period may be adjusted thereafter by Change Order or Construction Change Directive pursuant to the express terms and conditions of the Contract Documentsas provided for herein. In such event, the total amount of OWNER’S Owner’s damages, will be difficult, if not impossible, to definitely ascertain and quantify, because this is a public construction project that will, when completed, benefit the public and enhance the delivery of valuable education to the public, in Marion Orange County, Florida. Accordingly, it It is hereby agreed that it is appropriate and fair that OWNER Owner receive liquidated damages from CONTRACTORConstruction Contractor, if CONTRACTOR Construction Contractor fails to achieve Substantial Completion of the Work within the required Contract Time. Should CONTRACTOR Construction Contractor fail to substantially complete the Work within the required time period, OWNER must Owner shall be entitled to assess, as liquidated damages, but not as a penalty an amount of UU$2,000.00UU penalty, <WRITTEN LD AMOUNT> <$LD> for each calendar day thereafter until Substantial Completion is achieved and UU$500.00UU for each calendar day thereafter until Final Completion is achieved. These liquidated damages must be payable in addition to any expenses or costs payable by the CONTRACTOR to the OWNER under the provisions of the Contract Documents. CONTRACTOR Construction Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the Parties parties agree represents a fair and reasonable estimate of OWNER’S Owner’s actual damages at the time of contracting if CONTRACTOR Construction Contractor fails to substantially complete the Work in a timely manner. D. When any period of time is referenced by days herein, it must shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the laws of the State of Florida, such day must shall be omitted from the computation, and the last day must shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. The term “business day” as used herein must shall mean all days of the week excluding Saturdays, Sundays and all legal holidays observed by OWNEROwner.