Common use of CONTRACT TIME AND TIME EXTENSIONS Clause in Contracts

CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder.

CONTRACT TIME AND TIME EXTENSIONS. 9.1 7.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-menmaterialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by of Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 7.2. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature God or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulationregulations, strikes or lockouts, Contractor shall notify the Owner FWC in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 7.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner FWC may be responsible, in whole or in part, shall relieve Contractor of its his duty to perform or give rise to any right to damages or additional compensation from OwnerFWC. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner FWC will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder.

CONTRACT TIME AND TIME EXTENSIONS. 9.1 9.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-menmaterialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by of Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 9.2. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature God or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulationregulations, strikes or lockouts, Contractor shall notify the Owner County in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner County may be responsible, in whole or in part, shall relieve Contractor of its his duty to perform or give rise to any right to damages or additional compensation from OwnerCounty. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner County will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder.

CONTRACT TIME AND TIME EXTENSIONS. 9.1 5.1. Unless otherwise provided, contract time shall mean the number of consecutive calendar days from the commencement date noted in the Notice to Proceed to the date on which all work is to be completed. Contractor shall diligently pursue the completion of the Work work and coordinate the Work work being done on the Project project by its subcontractors and material-menmaterial suppliers, as well as coordinating its Work coordinate his work with all the work of others at the Project Site, other contractors so that its Work his work or the work of others shall not be delayed or impaired by any act or omission of any act by a Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, sequences and procedures, as well as coordination of all portions of the Work work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 5.2. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work work as a result of unforeseeable causes beyond the control of Contractor, and not due to its his fault or neglect, including but not restricted to acts of Nature God or of the public enemy, acts of government, fires, floods, discovery of pre-existing hazardous materials, utility conflicts, epidemics, quarantine regulationregulations, strikes or lockouts, Contractor shall notify the Owner Engineer in writing within forty-eight two (482) hours regular work days after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 5.3. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYS. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, work shall relieve Contractor of its his duty to perform or give rise to any right to damages or additional compensation from Ownerthe County. Contractor expressly acknowledges and agrees that it Contractor shall receive no damages for delay. Contractor's However, this provision shall not preclude recovery or damages by Contractor for hindrances or delays due solely to fraud, bad faith or active interference on the part of the County. Otherwise, Contractor shall be entitled to extensions of the Contract Time as the sole remedyand exclusive remedy for such resulting delay, if any, against Owner will be the right to seek an extension in accordance with and to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provisionextent specifically provided above. This paragraph shall expressly apply provision applies to claims for early completion, completion as well as to claims based on late completion. Such extensions of time will not be granted for delays caused by unfavorable weather, ground conditions related to the weather, inadequate construction force or for the failure of Contractor to timely order equipment or materials. 9.4 In no event 5.4. If Contractor complies with the two (2) regular work days notice requirement, the Engineer shall ascertain the facts and the extent of the delay being claimed. The Engineer’s findings of fact justify such an extension, and the Engineer’s finding of fact shall be final and conclusive on the parties. Contractor shall cooperate with the Engineer’s investigation of the delays by providing any approval schedules, correspondence or other data that may be required to complete the findings of fact. Extensions to the contract time may be granted for only those delays that impact Contractor’s Construction Schedule. Extensions of contract time must be authorized by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunderChange Order approved in accordance with Board policy.

CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-menmaterialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder.

CONTRACT TIME AND TIME EXTENSIONS. 9.1 9.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-menmaterialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 9.2. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature God or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder.

CONTRACT TIME AND TIME EXTENSIONS. 9.1 11.1 Construction Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-menmaterialmen, as well as coordinating its Work with all work of others at the Project Sitesite, so that its Work or the work of others shall not be delayed or impaired by any act or omission by ContractorConstruction Contractor or anyone for whom Construction Contractor is responsible or liable. Unless expressly noted otherwise in the Contract Documents, Construction Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, coordination of trades and subcontractors, coordination of drawings to existing as-built conditions and site conditions, and the coordination of Owner's ’s suppliers and contractors as set forth in Paragraph 12.2. hereinSection 14 of these General Terms and Conditions. 9.2 11.2 Should Construction Contractor actually be obstructed or delayed in the critical path of the prosecution of of, or completion of of, the Work as a result of unforeseeable causes causes: (a) beyond the control of Construction Contractor, and (b) not due to its Construction Contractor’s fault or neglect, including but and (c) which could not restricted to be avoided by the exercise of reasonable diligence, including: (i) acts of Nature God or of the public enemy, (ii) acts of government, (iii) fires, (iv) floods, (v) epidemics, (vi) quarantine regulation, strikes or (vii) strikes, (viii) lockouts, or (ix) weather conditions abnormal for the period of time (as defined below) which exceed the aggregate number of days allotted for adverse weather conditions in Construction Contractor’s schedule approved by Owner, Construction Contractor shall notify the Owner and Design Professional in writing within forty-eight (48) hours after the commencement of such delay, delay (which time period shall control over any conflicting time periods specified elsewhere herein) stating the cause or causes thereof, or be deemed to have waived any right which Construction Contractor may have had to request a time extensionextension therefor. “Abnormal for the period of time” for purposes of this Section means rain or bad weather (e.g. named tropical storms or hurricanes), only when such rain or bad weather is in excess of the ten (10) year average for that specific period of time (from its commencement to its conclusion, as compared with the historical data for that same period) as published by the National Oceanic and Atmospheric Administration, Ashville, North Carolina, for Metropolitan Orlando, Florida, Reporting Station. Construction Contractor’s schedule shall allow the number of days it deems necessary for rain and bad weather when Construction Contractor prepares its schedule and not every day of adverse weather conditions abnormal for the period of time shall be grounds for an extension of time. Construction Contractor and Owner acknowledge that any Project site rain gauge measurements will not be relied upon for determining rain fall amounts. Contractor shall use commercially reasonable efforts to mitigate the effects of any delays described in this Section so as to minimize any effect on the schedule for completion of the Work. 9.3 11.2.1 Owner shall have the right, at any time, whether or not Construction Contractor is behind schedule, to order Construction Contractor to accelerate its Work. In the event that Owner orders Construction Contractor to accelerate its Work and Construction Contractor (i) is not behind schedule, and (ii) believes that acceleration will increase the cost of performance, Construction Contractor, shall be required to submit a Claim, hereinafter defined, for increase pursuant to Section 13 of these General Terms and Conditions. Any such Claim shall be based exclusively and solely on actual and direct increased field costs associated with the acceleration. 11.3 Construction Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If Construction Contractor encounters on the Project site any materials reasonably believed by Construction Contractor to be petroleum or petroleum related products or other hazardous or toxic substances (collectively, “hazardous materials”) not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material which have not been rendered harmless, Construction Contractor immediately shall (i) stop Work in the area affected, and (ii) report the condition to Owner in writing. If the Work is so stopped and hazardous material is found, the Work in the affected area shall not thereafter be resumed except by Change Order. Any such Change Order shall include an adjustment to the Contract Time as appropriate. If no hazardous material is found after the Work is stopped, no Change Order is required to resume the Work in the affected area. Further, if the hazardous material was generated or caused by Construction Contractor or any of its employees, agents, subcontractors, or material suppliers, no Change Order will be required for an adjustment in the Contract Time and Construction Contractor shall indemnify Owner and hold Owner harmless for any costs incurred by Owner with respect to such hazardous material. 11.4 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner and Design Professional may be responsible, in whole or in part, shall relieve Construction Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Construction Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Construction Contractor's ’s sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "“No Damage For Delay" ” provision. This paragraph Section shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 . Notwithstanding the foregoing, if the Work is delayed due to the fault or neglect of Owner or anyone for whom Owner is liable, and such delays have a cumulative total of more than twenty-one (21) calendar days after receipt by Owner of written notice from Construction Contractor of such fault or neglect, Construction Contractor may make a Claim for its actual and direct delay damages accruing after said twenty-one (21) calendar days; provided, however, Construction Contractor expressly acknowledges and agrees that its actual and direct delay damages shall not exceed, and shall be limited to no more than One Thousand and No/100 Dollars ($1,000.00) per calendar day. In no event shall Owner be liable to Construction Contractor whether in contract, warranty, tort (including negligence or strict liability) or otherwise for any approval by Owner authorizing Contractor acceleration, soft costs, lost profits, punitive, special, indirect, incidental, or consequential damages of any kind or nature whatsoever. For the avoidance of doubt, Owner’s exercise of its reserved right to continue performing change, increase or decrease the Work shall not be deemed to be “fault or neglect of Owner” serving as the basis for additional compensation under this Agreement Subsection 11.4. Claims for increased compensation or any payment issued extension of time for such changes, increases or decreases shall be governed by Owner to Contractor be deemed a waiver Section 12 of any right or claim Owner may have against Contractor for delay damages hereunderthese General Terms and Conditions.

CONTRACT TIME AND TIME EXTENSIONS. ‌ 9.1 Construction Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-menmaterialmen, as well as coordinating its Work with all work of others at the Project Sitesite, so that its Work or the work of others shall not be delayed or impaired by any act or omission by ContractorConstruction Contractor or anyone for whom Construction Contractor is liable. Unless expressly noted otherwise in the Contract Documents, Construction Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein.of 9.2 Should Construction Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Construction Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature God or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or strikes, lockouts, unusually severe weather conditions by comparison with the ten-year Hillsborough County, Florida, average not reasonably anticipatable, Construction Contractor shall notify the Owner and Design Professional in writing within forty-eight ten (4810) hours calendar days after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Construction Contractor may have had to request a time extension. 9.2.1 Owner shall have the right, at any time, whether or not Construction Contractor is behind schedule, to order Construction Contractor to accelerate its Work. 9.3 If Construction Contractor encounters on the Project site any materials reasonably believed by Construction Contractor to be petroleum or petroleum related products or other hazardous or toxic substances which have not been rendered harmless, Construction Contractor immediately shall (i) stop Work in the area affected and (ii) report the condition to Owner in writing. If the Work is so stopped and hazardous material is found, the Work in the affected area shall not thereafter be resumed except by Change Order. Any such Change Order shall include, but not be limited to, an adjustment to the Contract Time as appropriate. If no hazardous material is found after the Work is stopped, no Change Order is required to resume the Work in the affected area. Further, if the hazardous material was generated or caused by Construction Contractor or any of its employees, agents, subcontractors, or material suppliers, no Change Order will be required for an adjustment in the Contract Time and Construction Contractor shall indemnify Owner and hold Owner harmless for any costs incurred by Owner with respect to such hazardous material. 9.4 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work work from any cause whateverwhatsoever, including those for which Owner and Design Professional may be responsible, in whole or in part, shall relieve the Contractor of its duty to perform or give rise to any right rights to damages or additional compensation from OwnerOwner unless specifically provided for in this paragraph. If the Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedyis delayed at any time in the progress of the work due to causes outside of its control, if anyor the control of its subcontractors or suppliers, against Owner will be the right to seek Construction Contractor may submit a change order requesting an extension to of the Contract Time in accordance with the procedure established in this agreement. The Construction Contractor warrants by execution of the Contract that the Construction Contractor has accounted for and anticipated foreseeable delays and that the work can be completed within the Contract Time; provided. Any delay shall be deemed to be the fault of Contractor, however, unless a change in the granting Contract Time for the delay has been approved through a Change Order. Any extension of the Contract Time shall be net of any such time foreseeable delays or other delays attributable to the Contractor. No extension of the Contract Time shall increase the Contract Sum Construction Contractor agrees and warrants that it waives all damages or costs that it may incur as a result of delay to its performance . The Contract Sum shall not be increased as a condition precedent to result of extension of the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder.Contract Time.‌

CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor 11.1 Construction Manager shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-menmaterialmen, as well as coordinating its Work with all work of others at the Project Sitesite, so that its Work or the work of others shall not be delayed or impaired by any act or omission by ContractorConstruction Manager or anyone for whom Construction Manager is liable. Contractor Unless expressly noted otherwise in the Contract Documents, Construction Manager shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's ’s suppliers and contractors as set forth in Paragraph 12.2. Section 14 herein. 9.2 11.2 Should Contractor Construction Manager be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of ContractorConstruction Manager, and not due to its fault or neglect, including but not restricted to acts of Nature God or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or strikes, lockouts, Contractor utility work being performed within the project limits by local government agencies in conjunction with Florida Progress, Brighthouse Cable or Verizon Telephone, or by, unusually severe weather conditions by comparison with the ten-year Pinellas County, Florida, average not reasonably anticipatable, Construction Manager shall notify the Owner and Design Professional in writing within forty-eight seven (487) hours calendar days after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor Construction Manager may have had to request a time extension. 9.3 11.3 If Construction Manager encounters on the Project site any materials reasonably believed by Construction Manager to be petroleum or petroleum related products or other hazardous or toxic substances which have not been rendered harmless, Construction Manager immediately shall (i) stop Work in the area affected and (ii) report the condition to Owner in writing. If the Work is so stopped and hazardous material is found, the Work in the affected area shall not thereafter be resumed except by Change Order. Any such Change Order shall include, but not be limited to, an adjustment to the Contract Time as appropriate. If no hazardous material is found after the Work is stopped, no Change Order is required to resume the Work in the affected area. Further, if the hazardous material was generated or caused by the Construction Manager or any of its employees, agents, subcontractors, or material suppliers, no Change Order will be required for an adjustment in the Contract Time and Construction Manager shall indemnify the Owner and hold Owner harmless for any costs incurred by the Owner with respect to such hazardous material. 11.4 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner and Design Professional may be responsible, in whole or in part, shall relieve Contractor Construction Manager of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor Construction Manager expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's Construction Manager’s sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "“No Damage For Delay" ” provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 . Notwithstanding the foregoing, if the Work is delayed due to the fault or neglect of Owner or anyone for whom the Owner is liable, (including the undergrounding of the Progress Energy utilities throughout the project in the event the Construction Manager does not enter into an agreement directly with Progress Energy) and such delays have a cumulative total of more than twenty-one (21) calendar days, Construction Manager may make a claim for its actual and direct delay damages accruing after said twenty- one (21) calendar days. In no event shall Owner be liable to Construction Manager whether in contract, warranty, tort (including negligence or strict liability) or otherwise for any approval by Owner authorizing Contractor to continue performing Work under this Agreement acceleration, soft costs, lost profits, special, indirect, incidental, or any payment issued by Owner to Contractor be deemed a waiver consequential damages of any right kind or claim Owner may have against Contractor for delay damages hereundernature whatsoever.

CONTRACT TIME AND TIME EXTENSIONS. 9.1 9.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-material men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by of Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 9.2. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature God or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulationregulations, strikes or lockouts, Contractor shall notify the Owner County in writing within forty-eight (48) hours after the commencement of such delay. Written supporting data with specific details of Contractor operations, stating which were delayed, shall be submitted to the cause or causes thereofCounty within fifteen (15) calendar days after the occurrence of the delay, unless the County grants additional time in writing for such submittals, or else the Contractor shall be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner County may be responsible, in whole or in part, shall relieve Contractor of its his duty to perform or give rise to any right to damages or additional compensation from OwnerCounty. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner County will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage Damages For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event 9.4. Requests for delays due to adverse weather conditions shall any approval meet all of the following conditions: 9.4.1. Contractor notified the County in writing within forty-eight (48) hours of the delay. 9.4.2. The weather was unusual as documented by Owner authorizing supporting data. 9.4.3. The weather did have an adverse impact on the contractor’s schedule (critical path only). 9.4.4. The Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed and inspector’s daily logs corroborate the adverse impact. Where a waiver of any right or claim Owner may have against Contractor for delay damages hereunderconflict exists between the weather data and the daily reports, the daily reports will take precedence.

CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor 15.1 CONSTRUCTION MANAGER shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-menmaterialmen, as well as coordinating its Work with all work of others at the Project Sitesite, so that its Work or the work of others shall not be delayed or impaired by any act or omission by ContractorCONSTRUCTION MANAGER or anyone for whom CONSTRUCTION MANAGER is liable. Contractor Unless expressly noted otherwise in the Contract Documents, CONSTRUCTION MANAGER shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's OWNER’S suppliers and contractors as set forth in Paragraph 12.2. hereincontractors. 9.2 15.2 Should Contractor CONSTRUCTION MANAGER be obstructed or delayed in the prosecution of of, or completion of of, the Work as a result of unforeseeable causes beyond the control of ContractorCONSTRUCTION MANAGER, and not due to its fault or neglect, including but not restricted to acts of Nature God or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or strikes, lockouts, Contractor unusually severe weather conditions by comparison with the ten‐year Xxx County, Florida, average (“Excusable Delays”), CONSTRUCTION MANAGER shall notify the Owner OWNER and Design Professional in writing within forty-eight three (483) hours calendar days after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor CONSTRUCTION MANAGER may have had to request a time extension. The CONSTRUCTION MANAGER shall not be entitled to an extension of the contract time or CONSTRUCTION MANAGER’S onsite General Conditions due to adverse weather conditions until the CONSTRUCTION MANAGER shall have demonstrated the loss of fifteen (15) calendar days affecting the critical path of the Work. The CONSTRUCTION MANAGER shall submit claims for the loss of days due to adverse weather conditions (both for the 15 calendar days described above and for all subsequent claims for lost days) within three (3) calendar days of the adverse weather conditions causing the claim, or the same shall be deemed waived. Any days for which delays due to adverse weather conditions have been claimed will not be approved unless the National Weather Service has indicated that severe weather was present. To the extent CONSTRUCTION MANAGER properly demonstrates in the manner described above the loss of more than fifteen (15) calendar days, CONSTRUCTION MANAGER shall be entitled to an extension of time equal to the lost days in excess of the initial fifteen (15). 9.3 15.3 If CONSTRUCTION MANAGER encounters on the Project site any materials reasonably believed by CONSTRUCTION MANAGER to be petroleum or petroleum related products or other hazardous or toxic substances which have not been rendered harmless, CONSTRUCTION MANAGER immediately shall (i) stop Work in the area affected and (ii) report the condition to OWNER in writing. If the Work is so stopped and hazardous material is found, the Work in the affected area shall not thereafter be resumed except by Change Order. Any such Change Order shall include, but not be limited to, an adjustment to the Contract Time as appropriate. If no hazardous material is found after the Work is stopped, no Change Order is required to resume the Work in the affected area. Further, if the hazardous material was generated or caused by CONSTRUCTION MANAGER or any of its employees, agents, subcontractors, or material suppliers, no Change Order will be required for an adjustment in the Contract Time and CONSTRUCTION MANAGER shall indemnify OWNER and hold OWNER harmless for any costs incurred by OWNER with respect to such hazardous material. 15.4 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner OWNER and Design Professional may be responsible, in whole or in part, shall relieve Contractor CONSTRUCTION MANAGER of its duty to perform or give rise to any right to damages or additional compensation from OwnerOWNER. Contractor CONSTRUCTION MANAGER expressly acknowledges and agrees that it shall receive no damages for delaydelay except as provided herein. Contractor's CONSTRUCTION MANAGER’S sole remedy, if any, against Owner OWNER will be the right to seek an extension to the Contract TimeTime and its onsite General Conditions; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "“No Damage For Delay" provision” provision below. This paragraph Section shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 . In no event shall OWNER be liable to CONSTRUCTION MANAGER whether in contract, warranty, tort (including negligence or strict liability) or otherwise for any approval by Owner authorizing Contractor to continue performing Work under this Agreement acceleration, soft costs, lost profits, special, indirect, incidental, or any payment issued by Owner to Contractor be deemed a waiver consequential damages of any right kind or claim Owner may have against Contractor nature whatsoever. The CONSTRUCTION MANAGER shall not be entitled to payment of its onsite General Conditions until it has been delayed in its critical path of the Work for delay damages hereundera Project aggregate of fifteen (15) calendar days, which shall be calculated and considered as described in Subsection 15.2 above.

CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor 9.1. Design Builder shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subconsultants, subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by ContractorDesign Builder or anyone for whom Design Builder is liable. Contractor Design Builder shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 9.2. Should Contractor Design Builder be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of ContractorDesign Builder, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor Design Builder shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor Design Builder may have had to request a time extension. 9.3 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor Design Builder of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor Design Builder expressly acknowledges and agrees that it shall receive no damages for delay. ContractorDesign Builder's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder.

CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor 11.1 Construction Manager shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-menmaterialmen, as well as coordinating its Work with all work of others at the Project Sitesite, so that its Work or the work of others shall not be delayed or impaired by any act or omission by ContractorConstruction Manager or anyone for whom Construction Manager is liable. Contractor Unless expressly noted otherwise in the Contract Documents, Construction Manager shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's ’s suppliers and contractors as set forth in Paragraph 12.2. Section 14 herein. 9.2 11.2 Should Contractor Construction Manager be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of ContractorConstruction Manager, and not due to its fault or neglect, including but not restricted to acts of Nature God or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or strikes, lockouts, Contractor unusually severe weather conditions by comparison with the ten-year City of Naples, Florida, average not reasonably anticipatable, Construction Manager shall notify the Owner and Design Professional in writing within forty-eight (48) hours 10 business days after the commencement of such delay, stating the cause or causes thereof. If the Construction manager fails to comply with the foregoing notice requirement and Owners is demonstrably prejudicated by such failure, or Construction Manager shall be deemed to have waived any right which Contractor Construction Manager may have had to request a time extensionan adjustment in the Contract Time or Contract Amount. 9.3 No interruption11.2.1 Owner shall have the right, interferenceat any time, inefficiencywhether or not Construction Manager is behind schedule, suspension to order Construction Manager to accelerate its Work. In the event that Owner orders Construction Manager to accelerate its Work and Construction Manager (i) is not behind schedule and (ii) believes that acceleration will increase the cost of performance, Construction Manager, shall be required to submit a Claim for increase pursuant to Section 13 of this Agreement. Any such claim shall be based exclusively and solely on actual and direct increased field costs associated with the acceleration or delay an agreed amount by both parties. 11.3 If Construction Manager encounters on the Project site any materials reasonably believed by Construction Manager to be petroleum or petroleum related products or other hazardous or toxic substances which have not been rendered harmless, Construction Manager immediately shall (i) stop Work in the commencement or progress of area affected and (ii) report the condition to Owner in writing. If the Work from any cause whateveris so stopped and hazardous material is found, including those for which Owner may the Work in the affected area shall not thereafter be responsibleresumed except by Change Order. Any such Change Order shall include, in whole or in partbut not be limited to, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension adjustment to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completionTime and Contract Amount, as well as appropriate. If no hazardous material is found after the Work is stopped, no Change Order is required to claims based on late completionresume the Work in the affected area. Further, if the hazardous material was negligently generated or caused by Construction Manager or any of its employees, agents, subcontractors, or material suppliers, no Change Order will be required for an adjustment in the Contract Time or Contact Amount and Construction Manager shall indemnify Owner and hold Owner harmless for any costs incurred by Owner with respect to such hazardous material. 9.4 11.4 In no event shall any approval by Owner authorizing Contractor Construction Manager to continue performing Work under this Agreement or any payment issued by Owner to Contractor Construction Manager be deemed a waiver of any right or claim Owner may have against Contractor Construction Manager for delay damages hereunder.

CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein.all 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder.