Common use of DELAYS AND EXTENSIONS OF TIME Clause in Contracts

DELAYS AND EXTENSIONS OF TIME. 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other caused beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Architect determines may justify delay, the Contract Time shall be extended by Change Order to the extent such delay will prevent the Contractor from achieving Substantial Completion with the contract Time and if the performance of the Work is not, was not, or would not have been delayed by any other cause for which the Contractor is not entitled to an extension in the contract time under the Contract Documents. The Contractor further acknowledges and agrees that adjustments in the contract Time will be permitted for a delay only to the extent such delay (1) is not caused, or could not have been anticipated, by the Contractor, or (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay and (3) is of a duration not less than one (1) day. 8.3.1.1 Weather, which hinders or prevents work, is not a basis for a time extension unless it surpasses in severity the weather reasonably to be expected in the locality at the particular time of the year. If the contractor files timely notice that he was delayed by weather sufficiently severe as to entitle Contractor to additional time, Contractor should furnish promptly, a statement of the portion of the work affected, an explanation as to the reasons work was prevented or hindered by the weather if not readily apparent, the dates on which such portions of work were affected, the total number of days the job in its entirety was delayed, and other information such as official weather bureau climatological data for a ten year period, local weather bureau data, job daily records, etc. Time extensions due to adverse weather shall not be allowed after the Contract Substantial Completion date. Construction time is based on Local Average weather conditions. Requests for time extensions due to adverse weather, shall be considered only for and equal to the number of "rain days" in excess of the ten year mean average number of days for any given time period as shown by the the US National Oceanic and Atmospheric Administration, National Climatic Data Center, Ashville, North Carolina for Tallahassee, Florida. The mean number of "rain days" for a month is as shown on the "U.S. Summary Report" under the heading "Number of days -- Precipitation .01 inch or more". If current rainfall is less than average, the contract time will not be shortened. Extension of time requests due to adverse weather shall be submitted within twenty (20) days after adverse weather. The Contractor shall submit the referenced climatological summary data immediately upon its availability and shall show how the time extension request corresponds with the climatological data. 8.3.1.2 Extension of time will be granted only to the extent that equitable time adjustments for activity or activities affected exceed the total float or slack associated with those activities at the time the direction to proceed was issued for the change. The Contractor acknowledges and agrees that delays in activities which do not affect any milestone completion dates shown on the network at the time of delay shall not be a basis for granting a time extension. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 If the Contractor submits a progress report indicating, or otherwise expresses an intention to achieve, completion of the work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall be created or implied. 8.3.4 Notwithstanding anything to the contrary in the Contract Documents, an extension in the Contract Time, to the extent permitted under Paragraph 8. 3.1. shall be the sole remedy of the Contractor for any (1) delay in the commencement, prosecution or completion of the Work, (2) hindrance or obstruction in the performance of the Work, (3) loss of productivity, or (4) other similar claims (collectively referred to in this Paragraph 8.3.4 as Delays) whether or not such Delays are foreseeable, unless a Delay is caused by acts of the Owner constituting active interference with the Contractor's performance of the Work, and only to the extent such acts continue after the Contractor furnishes the Owner with notice of such interference. In no event shall the Contractor be entitled to any compensation or recovery of any damages, in connection with any Delay, including, without limitation, consequential damages, lost opportunity costs, impact damages or other similar remuneration. The Owner's exercise of any of its rights or remedies under the Contract Documents (including, without limitation, ordering changes in the Work, or directing suspension, rescheduling or correction of the Work), regardless of the extent or frequency of the Owner's exercise of such rights or remedies, shall not be construed as active interference with the Contractor's performance of the Work. 8.3.5 Failure to complete the Project within the time fixed in this Agreement or Construction Documents will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty within the time fixed or within such further time, the Contractor shall pay to the Owner as Liquidated Damages for such delay, and not as a penalty, an amount stipulated in the Construction Documents. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery of damages of the Owner under the Contract Documents. The Contractor shall pay to the Owner as Liquidated Damages for such delay, and not as a penalty, Five Hundred Dollars ($500.00) for each and every calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion shall have been fully accomplished. It is also hereby agreed that if after thirty (30) calendar days after Substantial Completion this Project is not fully and finally completed in accordance with the requirements of the Contract Documents, the Contractor shall pay to the Owner as Liquidated Damages, and not as a penalty, for such delay, one-fourth (1/4) of the rate previously indicated. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery damages of the Owner under the Contract Documents. This provision of Liquidated Damages for delay shall in no manner affect the Owner's right to terminate the Contract. The Owner's exercise of the right to terminate shall not release the Contractor from his obligation to pay Liquidated Damages. It is further agreed that the Owner may deduct from the balance of the Contract Sum held by the Owner the Liquidated Damages stipulated herein, or such portions as said balance will cover. 8.3.6 The Contractor agrees to make no claim for damages for delay in the performance of the contract occasioned by any act or omission of the Owner or any of its agents or representatives, or because of any injunction which may be brought against the Owner and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the Work as provided herein.

DELAYS AND EXTENSIONS OF TIME. 8.3.1 A. If the Contractor is delayed at any time in the progress of the Work by an any act or neglect of the Owner or ArchitectSDSTA, or of an employee of either, or of a by any separate Contractor contractor employed by the OwnerSDSTA, or by changes ordered in the Work, or by labor disputesdisputes not caused by the labor practices of the Contractor, or by fire, unusual delay in deliveriestransportation, severe and unusual weather conditions not reasonably anticipated, unavoidable casualties casualties, or any other caused causes beyond Contractor's control and not occurring due to the fault or neglect of the Contractor's control, any subcontractor or by delay authorized by any other person for whose acts the OwnerContractor is responsible, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order to for such reasonable time as the extent such delay will prevent the Contractor from achieving Substantial Completion with the contract Time and if the performance of the Work is not, was not, or would not have been delayed by any other cause for which the Contractor is not entitled to an extension in the contract time under the Contract Documents. The Contractor further acknowledges and agrees that adjustments in the contract Time will be permitted for a delay only to the extent such delay (1) is not caused, or could not have been anticipated, by the Contractor, or (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay and (3) is of a duration not less than one (1) daySDSTA shall determine. 8.3.1.1 Weather, which hinders or prevents work, is not a basis B. Any claim for a time extension unless it surpasses in severity the weather reasonably to be expected in the locality at the particular time of the year. If the contractor files timely notice that he was delayed by weather sufficiently severe as to entitle Contractor to additional time, Contractor should furnish promptly, a statement of the portion of the work affected, an explanation as to the reasons work was prevented or hindered by the weather if not readily apparent, the dates on which such portions of work were affected, the total number of days the job in its entirety was delayed, and other information such as official weather bureau climatological data for a ten year period, local weather bureau data, job daily records, etc. Time extensions due to adverse weather shall not be allowed after the Contract Substantial Completion date. Construction time is based on Local Average weather conditions. Requests for time extensions due to adverse weather, shall be considered only for and equal to the number of "rain days" in excess of the ten year mean average number of days for any given time period as shown by the the US National Oceanic and Atmospheric Administration, National Climatic Data Center, Ashville, North Carolina for Tallahassee, Florida. The mean number of "rain days" for a month is as shown on the "U.S. Summary Report" under the heading "Number of days -- Precipitation .01 inch or more". If current rainfall is less than average, the contract time will not be shortened. Extension of time requests due to adverse weather shall be submitted within twenty (20) days after adverse weather. The Contractor shall submit the referenced climatological summary data immediately upon its availability and shall show how the time extension request corresponds with the climatological data. 8.3.1.2 Extension of time will be granted only to the extent that equitable time adjustments for activity or activities affected exceed the total float or slack associated with those activities at the time the direction to proceed was issued for the change. The Contractor acknowledges and agrees that delays in activities which do not affect any milestone completion dates shown on the network at the time of delay shall not be a basis for granting a time extension. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions writing to the SDSTA not more than ten (10) days after the commencement of Paragraph 4.3the delay; otherwise it shall be deemed waived. In the case of continuing delay, only one claim is necessary. 8.3.3 If C. Time extensions will not be granted for rain, wind, snow, or other natural phenomena of normal intensity for the locality where the Work is to be performed. D. Contractor's right to make a claim or claims for an extension of time shall not preclude Contractor's right to make a claim for delay damages arising out of the SDSTA’s significant interference, by action or inaction, with the Contractor's Work. E. The parties agree that if the Contractor submits a progress report indicating, fails to substantially or otherwise expresses an intention to achieve, completion of the work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so finally complete the Work shall be created or implied. 8.3.4 Notwithstanding anything to within the contrary times agreed upon in the Contract Documents, an extension or within such extra time as may have been allowed by increases in the Contract Timeor by formally approved extensions granted by the Owner, it will be impracticable or extremely difficult to fix the extent permitted under Paragraph 8. 3.1amount of Owner’s damages resulting therefrom. Accordingly, the Contractor and the Contractor’s surety shall be liable for and shall pay the sole remedy Owner the sums stipulated in the service agreement as liquidated damages for each calendar day of delay until the Work is substantially complete. This sum is not a penalty but is liquidated damages due the Owner from the Contractor for any (1) delay in the commencement, prosecution or completion by reason of the Work, (2) hindrance or obstruction in the performance of the Work, (3) loss of productivity, or (4) other similar claims (collectively referred to in this Paragraph 8.3.4 as Delays) whether or not such Delays are foreseeable, unless a Delay is caused by acts of the Owner constituting active interference with the Contractor's performance of the Work, and only to the extent such acts continue after the Contractor furnishes the Owner with notice of such interference. In no event shall the Contractor be entitled to any compensation or recovery of any damages, in connection with any Delay, including, without limitation, consequential damages, lost opportunity costs, impact damages or other similar remuneration. The Owner's exercise of any of its rights or remedies under the Contract Documents (including, without limitation, ordering changes in the Work, or directing suspension, rescheduling or correction of the Work), regardless of the extent or frequency of the Owner's exercise of such rights or remedies, shall not be construed as active interference with the Contractor's performance of the Work. 8.3.5 Failure to complete the Project within the time fixed in this Agreement or Construction Documents will result in substantial injury inconvenience to the Owner, added cost of engineering and as damages arising supervision, and other items which have caused an expenditure of funds resulting from such the Contractor's failure cannot be calculated with any degree of certainty to complete the Work within the time fixed specified in the Contract. In addition to liquidated damages, if any delay on the part of the Contractor, any Subcontractor or within Sub-subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable results in any claim by third parties against the Owner arising out of such further timedelay, the Contractor shall pay to the Owner as Liquidated Damages for such delaypay, satisfy, and not as a penaltydischarge all losses, an amount stipulated in the Construction Documents. These Liquidated Damages shall be payable in addition to any damages and expenses or costs payable by the Contractor to the Owner under the provisions arising out of the Contract Documents such claims, including attorneys' fees, and shall not exclude the recovery of damages of the Owner under the Contract Documents. The Contractor shall pay to the Owner as Liquidated Damages for such delay, indemnify and not as a penalty, Five Hundred Dollars ($500.00) for each and every calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion shall have been fully accomplished. It is also hereby agreed that if after thirty (30) calendar days after Substantial Completion this Project is not fully and finally completed in accordance with the requirements of the Contract Documents, the Contractor shall pay to the Owner as Liquidated Damages, and not as a penalty, for such delay, one-fourth (1/4) of the rate previously indicated. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery damages of the Owner under the Contract Documents. This provision of Liquidated Damages for delay shall in no manner affect the Owner's right to terminate the Contract. The Owner's exercise of the right to terminate shall not release the Contractor from his obligation to pay Liquidated Damages. It is further agreed that the Owner may deduct from the balance of the Contract Sum held by the Owner the Liquidated Damages stipulated herein, or such portions as said balance will cover. 8.3.6 The Contractor agrees to make no claim for damages for delay in the performance of the contract occasioned by any act or omission of the Owner or any of its agents or representatives, or because of any injunction which may be brought against hold harmless the Owner and agrees that any its agents and employees from and against all costs, fees, losses, damages, and expenses arising out of such claim claims enforced against the Owner. In the event Contractor fails to substantially complete the work within the time agreed to above, Contractor shall be fully compensated liable for by an extension liquidated damages in the amount of time to complete performance of the Work as provided herein.$50.00 (FIFTY DOLLARS) per day

DELAYS AND EXTENSIONS OF TIME. 8.3.1 If 7.2.1 The time during which the Contractor is or any of its subcontractors delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other caused beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Architect determines may justify delay, the Contract Time shall be extended by Change Order to the extent such delay will prevent the Contractor from achieving Substantial Completion with the contract Time and if the performance of the Work is notby the acts or omissions of the Owner, was notDesign Consultant or their employees or agents, acts of God, unusually severe and abnormal climatic conditions, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotions or freight embargoes, or would not have been delayed by any other cause for conditions beyond the Contractor's or its subcontractors’ control and which the Contractor is or its subcontractors could not entitled reasonably have foreseen and provided against, shall be added to the time for completion of the Work (i.e., the Contract Time) stated in the Owner-Contractor Agreement; provided, however, that no claim by the Contractor for an extension of time for delays will be considered unless made in strict compliance with the contract time under requirements of this Article and other provisions of the Contract Documents. The Contractor further acknowledges and agrees that adjustments in the contract Time will be permitted for a delay only to the extent such delay (1) is not caused, or could not have been anticipated, by the Contractor, or (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay and (3) is of a duration not less than one (1) day. 8.3.1.1 Weather, which hinders or prevents work, is not a basis for a time extension unless it surpasses in severity the weather reasonably to be expected in the locality at the particular time of the year. If the contractor files timely notice that he was delayed by weather sufficiently severe as to entitle Contractor to additional time, Contractor should furnish promptly, a statement of the portion of the work affected, an explanation as to the reasons work was prevented or hindered by the weather if not readily apparent7.2.1.1 For excessive inclement weather, the dates on which such portions of work were affected, the total number of days the job in its entirety was delayed, and other information such as official weather bureau climatological data for a ten year period, local weather bureau data, job daily records, etc. Contract Time extensions due to adverse weather shall not be allowed after the Contract Substantial Completion date. Construction time is based on Local Average weather conditions. Requests for time extensions due to adverse weather, shall be considered only for and equal to the number of "rain days" in excess of the ten year mean average number of days for any given time period as shown by the the US National Oceanic and Atmospheric Administration, National Climatic Data Center, Ashville, North Carolina for Tallahassee, Florida. The mean number of "rain days" for a month is as shown on the "U.S. Summary Report" under the heading "Number of days -- Precipitation .01 inch or more". If current rainfall is less than average, the contract time will not be shortened. Extension of time requests extended due to adverse reasonably anticipated inclement weather shall be submitted within twenty (20) days after adverse or for delays in the aftermath of inclement weather, reasonably anticipated or excessive. The Contractor shall submit the referenced climatological summary data immediately upon its availability and shall show how the time extension request corresponds with the climatological data. 8.3.1.2 Extension for performance of time will be granted only to the extent that equitable time adjustments for activity or activities affected exceed the total float or slack associated with those activities at the time the direction to proceed was issued for the change. The Contractor acknowledges and agrees that delays in activities which do not affect any milestone completion dates shown on the network at the time of delay shall not be a basis for granting a time extension. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 If the Contractor submits a progress report indicatingthis Contract, or otherwise expresses an intention to achieve, completion of the work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall be created or implied. 8.3.4 Notwithstanding anything to the contrary as stated in the Contract Documents, includes an extension allowance for calendar days which may not be available for construction out-of-doors; for the purposes of this Contract, the Contractor agrees that the number of calendar days per month based on a five-year average shall be considered reasonably anticipated inclement weather and planned for in the construction schedule per the Contract. Unless the Contractor can substantiate to the satisfaction of the Owner that there was greater than the reasonably anticipated inclement weather considering the time from the notice-to-proceed until the building is enclosed using data from the national weather service station at ILM Airport or a weather station acceptable to the Owner and that such alleged greater than reasonably anticipated inclement weather actually delayed the Work or portions thereof which had an effect upon the Contract Time, the Contractor shall not be entitled to an extension of time. Also the extent permitted under Paragraph 8. 3.1. Contractor agrees that the calculation of the number of excessive inclement weather days shall be the sole remedy number of days in excess of the Contractor five-year average for any each month, in which precipitation exceeded one tenth (1.10) delay inch, or in which the highest temperature was 32 degrees F or less as recorded at the approved weather station. Rain days from hurricanes and tropical storms not causing damage in in the commencementcounty where the Project is located shall be deemed inclement weather days. If the total accumulated number of calendar days lost to excessive inclement weather, prosecution or from the notice-to- proceed until the building is enclosed, exceeds the total accumulated number to be reasonably anticipated for the same period from the table above, time for completion will be extended by the number of calendar days needed to include the Work, (2) hindrance or obstruction in the performance excess number of the Work, (3) loss calendar days lost. No extension of productivity, or (4) other similar claims (collectively referred time will be made for days due to in this Paragraph 8.3.4 as Delays) whether or not such Delays are foreseeable, unless a Delay is caused by acts of the Owner constituting active interference with the Contractor's performance of the Work, and only to the extent such acts continue excessive inclement weather occurring after the Contractor furnishes building is enclosed or for contracts that do not include work out of doors that is not on the Owner with notice critical path. For the purpose of such interference. In no event shall this Contract, the Contractor term “enclosed” is defined to mean when the building is sufficiently roofed and sealed, either temporarily or permanently, to permit the structure to be entitled heated and the plastering and dry-wall trades to any compensation or recovery of any damages, in connection with any Delay, including, without limitation, consequential damages, lost opportunity costs, impact damages or other similar remunerationwork. The Owner's exercise Design Consultant shall determine when the structure is “enclosed”. Upon the request of any of its rights or remedies under either party, the Contract Documents (including, without limitation, ordering changes in the Work, or directing suspension, rescheduling or correction of the Work), regardless of the extent or frequency of the Owner's exercise of such rights or remedies, Design Consultant shall not be construed as active interference with the Contractor's performance of the Work. 8.3.5 Failure to complete the Project within the time fixed in this Agreement or Construction Documents will result in substantial injury issue a letter certifying to the Owner, and as damages arising from such failure cannot with a copy to the Contractor, stating the date the building became enclosed. No change in Contract Sum will be calculated with any degree authorized because of certainty within adjustment of Contract time due to excessive inclement weather. 7.2.2 Should a time extension be granted for Substantial Completion the time fixed date for Final Completion shall be appropriately adjusted unless specifically stated otherwise. 7.2.3 Neither the Owner nor the Design Consultant shall be obligated or within such further time, liable to the Contractor shall pay to or its Subcontractors for, and the Contractor hereby expressly waives any claims against the Owner and the Design Consultant on account of any indirect or direct damages, costs or expenses of any nature which the Contractor, its Subcontractors, or Sub-subcontractors or any other person may incur as Liquidated Damages for such delaya result of any delays, interferences, changes in sequence or the like, which are reasonable, foreseeable, contemplated, or avoidable by Contractor, and not as a penalty, an amount stipulated it is understood and agreed that the Contractor’s sole and exclusive remedy in the Construction Documents. These Liquidated Damages any such events shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions an extension of the Contract Documents and shall not exclude the recovery of damages of the Owner under the Contract Documents. The Contractor shall pay to the Owner as Liquidated Damages for such delay, and not as a penalty, Five Hundred Dollars ($500.00) for each and every calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion shall have been fully accomplished. It is also hereby agreed that if after thirty (30) calendar days after Substantial Completion this Project is not fully and finally completed Time in accordance with the requirements of the Contract Documents, unless the Contractor shall pay to delays, interferences, changes in sequence or the Owner as Liquidated Damages, and not as a penalty, for such delay, one-fourth (1/4) like arise solely from or out of the rate previously indicated. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery damages of the Owner under the Contract Documents. This provision of Liquidated Damages for delay shall in no manner affect the Owner's right to terminate the Contract. The Owner's exercise of the right to terminate shall not release the Contractor from his obligation to pay Liquidated Damages. It is further agreed that the Owner may deduct from the balance of the Contract Sum held by the Owner the Liquidated Damages stipulated herein, or such portions as said balance will cover. 8.3.6 The Contractor agrees to make no claim for damages for delay in the performance of the contract occasioned by any act or omission of the Owner or any of its agents or representativesthe Design Consultant, or because their agents, employees, consultants or independent. The Contractor shall not be entitled to any damages or extensions of any injunction time pursuant to this section for concurrent delays for which the Contractor is at least partially responsible. 7.2.4 Subject to other provisions of the Contract Documents, the Contractor may be brought against the Owner and agrees that any such claim shall be fully compensated for by entitled to an extension of time to complete performance the Contract Time (but no increase in the Contract Sum) for delays arising from unforeseeable causes beyond the control and without the fault or negligence of the Work as provided hereinContractor, his Subcontractors or suppliers, unless caused solely by the Owner or Design Consultant 7.2.5 The Contractor and its subcontractors shall not be entitled to and hereby expressly waives any extension of time resulting from any condition or cause unless said claim for extensions of time is made in writing to the Owner within ten (10) days of the first instance of delay.

DELAYS AND EXTENSIONS OF TIME. 8.3.1 If the Contractor is delayed at any time in the progress of the Work by an the negligence or other improper act or neglect of the Owner or the Architect, or of an by any employee of either, or of a by any separate Contractor contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or any other caused beyond cause that the Contractor's control, or by delay authorized by the Owner, or by other causes which the Architect Owner determines may justify the delay, then the Contract Time completion date shall be extended by Change Order for such reasonable time as the Owner may determine. a. Extension of the Contract completion time will be considered for delays due to weather conditions only when such conditions have had a material, adverse impact upon the critical path of the construction schedule, are more severe and extended than those reflected by the ten (10) year average for the month as evidenced by climatological data, U.S. Department of Commerce, for the area where the Project is located, and only if a request for such an extension of time is received within seven (7) days of the first date of each delay. Extensions of time due to weather or other allowable reasons will be granted on the basis of 1.4 calendar days’ credit for every working day lost with each separate extension figured to the extent nearest whole calendar day. b. All Contractor requests for extension of time shall be subject to the Owner’s approval and shall be made in writing to the Owner no more than seven (7) days after the occurrence causing the delay; otherwise they shall be deemed waived. Any request for extension of time for a change in the Work or for any occurrence allegedly causing a delay as provided for herein must be substantiated by demonstrating the effect of the change or occurrence on the critical path of the construction schedule. c. If no schedule or agreement is made stating the dates upon which written interpretations or detail drawings shall be furnished, then no claim for delay shall be allowed on accountof failure to furnish such delay will prevent interpretations or detail drawings until fifteen (15) days after demand is made for them, and then only if such claim is reasonable. d. Should the time for completion of the Contract be extended, the Owner reserves the right to occupy any part of the structure upon written notice to the Contractor from achieving Substantial Completion with the contract Time and if Architect or the performance Owner, but only after the Architect has made a thorough inspection, accompanied by the Contractor’s superintendent, to note any defects in workmanship or materials that are the responsibility of the Contractor. Such inspection shall not be deemed to modify any other Contract requirements or provisionsrelating to observations, inspections or acceptance of the Work. Any such partial occupancy shall not bedeemed a waiver of any provision for liquidated damages for delay in final completion. e. When the whole or a portion of the Work is not, was not, or would not have been delayed by any other cause for which the Contractor is not entitled to an extension in the contract time under the Contract Documents. The Contractor further acknowledges and agrees that adjustments in the contract Time will be permitted for a delay only to the extent such delay (1) is not caused, or could not have been anticipated, by the Contractor, or (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay and (3) is of a duration not less than one (1) day. 8.3.1.1 Weather, which hinders or prevents work, is not a basis for a time extension unless it surpasses in severity the weather reasonably to be expected in the locality at the particular time of the year. If the contractor files timely notice that he was delayed by weather sufficiently severe as to entitle Contractor to additional time, Contractor should furnish promptly, a statement of the portion of the work affected, an explanation as to the reasons work was prevented or hindered by the weather if not readily apparent, the dates on which such portions of work were affected, the total number of days the job in its entirety was delayed, and other information such as official weather bureau climatological data for a ten year period, local weather bureau data, job daily records, etc. Time extensions due to adverse weather shall not be allowed after the Contract Substantial Completion date. Construction time is based on Local Average weather conditions. Requests for time extensions due to adverse weather, shall be considered only for and equal to the number of "rain days" in excess of the ten year mean average number of days suspended for any given time period as shown by the the US National Oceanic and Atmospheric Administration, National Climatic Data Center, Ashville, North Carolina for Tallahassee, Florida. The mean number of "rain days" for a month is as shown on the "U.S. Summary Report" under the heading "Number of days -- Precipitation .01 inch or more". If current rainfall is less than average, the contract time will not be shortened. Extension of time requests due to adverse weather shall be submitted within twenty (20) days after adverse weather. The Contractor shall submit the referenced climatological summary data immediately upon its availability and shall show how the time extension request corresponds with the climatological data. 8.3.1.2 Extension of time will be granted only to the extent that equitable time adjustments for activity or activities affected exceed the total float or slack associated with those activities at the time the direction to proceed was issued for the change. The Contractor acknowledges and agrees that delays in activities which do not affect any milestone completion dates shown on the network at the time of delay shall not be a basis for granting a time extension. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 If the Contractor submits a progress report indicating, or otherwise expresses an intention to achieve, completion of the work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall be created or implied. 8.3.4 Notwithstanding anything to the contrary in the Contract Documents, an extension in the Contract Time, to the extent permitted under Paragraph 8. 3.1. shall be the sole remedy of the Contractor for any (1) delay in the commencement, prosecution or completion of the Work, (2) hindrance or obstruction in the performance of the Work, (3) loss of productivity, or (4) other similar claims (collectively referred to in this Paragraph 8.3.4 as Delays) whether or not such Delays are foreseeable, unless a Delay is caused by acts of the Owner constituting active interference with the Contractor's performance of the Work, and only to the extent such acts continue after the Contractor furnishes the Owner with notice of such interference. In no event shall the Contractor be entitled to any compensation or recovery of any damages, in connection with any Delay, including, without limitation, consequential damages, lost opportunity costs, impact damages or other similar remuneration. The Owner's exercise of any of its rights or remedies under the Contract Documents (including, without limitation, ordering changes in the Work, or directing suspension, rescheduling or correction of the Work), regardless of the extent or frequency of the Owner's exercise of such rights or remedies, shall not be construed as active interference with the Contractor's performance of the Work. 8.3.5 Failure to complete the Project within the time fixed in this Agreement or Construction Documents will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty within the time fixed or within such further timereason, the Contractor shall pay to the Owner as Liquidated Damages for such delayproperly cover over, secure, and not protect all Work as a penalty, an amount stipulated may be susceptible to damage in the Construction Documents. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions absence of the Contract Documents and shall not exclude the recovery of damages of the Owner under the Contract Documents. The Contractor shall pay to the Owner as Liquidated Damages for such delay, and not as a penalty, Five Hundred Dollars ($500.00) for each and every calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion shall have been fully accomplished. It is also hereby agreed that if after thirty (30) calendar days after Substantial Completion this Project is not fully and finally completed in accordance with the requirements of the Contract Documents, the Contractor shall pay to the Owner as Liquidated Damages, and not as a penalty, for such delay, one-fourth (1/4) of the rate previously indicated. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery damages of the Owner under the Contract Documents. This provision of Liquidated Damages for delay shall in no manner affect the Owner's right to terminate the Contract. The Owner's exercise of the right to terminate shall not release the Contractor from his obligation to pay Liquidated Damages. It is further agreed that the Owner may deduct from the balance of the Contract Sum held by the Owner the Liquidated Damages stipulated herein, or such portions as said balance will coveraction. 8.3.6 The Contractor agrees to make no claim for damages for delay in the performance of the contract occasioned by any act or omission of the Owner or any of its agents or representatives, or because of any injunction which may be brought against the Owner and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the Work as provided herein.

DELAYS AND EXTENSIONS OF TIME. 8.3.1 If the Contractor is delayed at any time in the progress of the Work by an the negligence or other improper act or neglect of the Owner or the Architect, or of an by any employee of either, or of a by any separate Contractor contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or any other caused beyond cause that the Contractor's control, or by delay authorized by the Owner, or by other causes which the Architect Owner determines may justify the delay, then the Contract Time completion date shall be extended by Change Order for such reasonable time as the Owner may determine. a. Extension of the Contract completion time will be considered for delays due to weather conditions only when such conditions have had a material, adverse impact upon the critical path of the construction schedule, are more severe and extended than those reflected by the ten (10) year average for the month as evidenced by climatological data, U.S. Department of Commerce, for the area where the Project is located, and only if a request for such an extension of time is received within seven (7) days of the first date of each delay. Extensions of time due to weather or other allowable reasons will be granted on the basis of 1.4 calendar days’ credit for every working day lost with each separate extension figured to the extent nearest whole calendar day. b. All Contractor requests for extension of time shall be subject to the Owner’s approval and shall be made in writing to the Owner no more than seven (7) days after the occurrence causing the delay; otherwise they shall be deemed waived. Any request for extension of time for a change in the Work or for any occurrence allegedly causing a delay as provided for herein must be substantiated by demonstrating the effect of the change or occurrence on the critical path of the construction schedule. c. If no schedule or agreement is made stating the dates upon which written interpretations or detail drawings shall be furnished, then no claim for delay shall be allowed on accountof failure to furnish such delay will prevent interpretations or detail drawings until fifteen (15) days after demand is made for them, and then only if such claim is reasonable. d. Should the time for completion of the Contract be extended, the Owner reserves the right to occupy any part of the structure upon written notice to the Contractor from achieving Substantial Completion with the contract Time and if Architect or the performance Owner, but only after the Architect has made a thorough inspection, accompanied by the Contractor’s superintendent, to note any defects in workmanship or materials that are the responsibility of the Contractor. Such inspection shall not be deemed to modify any other Contract requirements or provisions relating to observations, inspections or acceptance of the Work. Any such partial occupancy shall not bedeemed a waiver of any provision for liquidated damages for delay in final completion. e. When the whole or a portion of the Work is not, was not, or would not have been delayed by any other cause for which the Contractor is not entitled to an extension in the contract time under the Contract Documents. The Contractor further acknowledges and agrees that adjustments in the contract Time will be permitted for a delay only to the extent such delay (1) is not caused, or could not have been anticipated, by the Contractor, or (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay and (3) is of a duration not less than one (1) day. 8.3.1.1 Weather, which hinders or prevents work, is not a basis for a time extension unless it surpasses in severity the weather reasonably to be expected in the locality at the particular time of the year. If the contractor files timely notice that he was delayed by weather sufficiently severe as to entitle Contractor to additional time, Contractor should furnish promptly, a statement of the portion of the work affected, an explanation as to the reasons work was prevented or hindered by the weather if not readily apparent, the dates on which such portions of work were affected, the total number of days the job in its entirety was delayed, and other information such as official weather bureau climatological data for a ten year period, local weather bureau data, job daily records, etc. Time extensions due to adverse weather shall not be allowed after the Contract Substantial Completion date. Construction time is based on Local Average weather conditions. Requests for time extensions due to adverse weather, shall be considered only for and equal to the number of "rain days" in excess of the ten year mean average number of days suspended for any given time period as shown by the the US National Oceanic and Atmospheric Administration, National Climatic Data Center, Ashville, North Carolina for Tallahassee, Florida. The mean number of "rain days" for a month is as shown on the "U.S. Summary Report" under the heading "Number of days -- Precipitation .01 inch or more". If current rainfall is less than average, the contract time will not be shortened. Extension of time requests due to adverse weather shall be submitted within twenty (20) days after adverse weather. The Contractor shall submit the referenced climatological summary data immediately upon its availability and shall show how the time extension request corresponds with the climatological data. 8.3.1.2 Extension of time will be granted only to the extent that equitable time adjustments for activity or activities affected exceed the total float or slack associated with those activities at the time the direction to proceed was issued for the change. The Contractor acknowledges and agrees that delays in activities which do not affect any milestone completion dates shown on the network at the time of delay shall not be a basis for granting a time extension. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 If the Contractor submits a progress report indicating, or otherwise expresses an intention to achieve, completion of the work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall be created or implied. 8.3.4 Notwithstanding anything to the contrary in the Contract Documents, an extension in the Contract Time, to the extent permitted under Paragraph 8. 3.1. shall be the sole remedy of the Contractor for any (1) delay in the commencement, prosecution or completion of the Work, (2) hindrance or obstruction in the performance of the Work, (3) loss of productivity, or (4) other similar claims (collectively referred to in this Paragraph 8.3.4 as Delays) whether or not such Delays are foreseeable, unless a Delay is caused by acts of the Owner constituting active interference with the Contractor's performance of the Work, and only to the extent such acts continue after the Contractor furnishes the Owner with notice of such interference. In no event shall the Contractor be entitled to any compensation or recovery of any damages, in connection with any Delay, including, without limitation, consequential damages, lost opportunity costs, impact damages or other similar remuneration. The Owner's exercise of any of its rights or remedies under the Contract Documents (including, without limitation, ordering changes in the Work, or directing suspension, rescheduling or correction of the Work), regardless of the extent or frequency of the Owner's exercise of such rights or remedies, shall not be construed as active interference with the Contractor's performance of the Work. 8.3.5 Failure to complete the Project within the time fixed in this Agreement or Construction Documents will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty within the time fixed or within such further timereason, the Contractor shall pay to the Owner as Liquidated Damages for such delayproperly cover over, secure, and not protect all Work as a penalty, an amount stipulated may be susceptible to damage in the Construction Documents. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions absence of the Contract Documents and shall not exclude the recovery of damages of the Owner under the Contract Documents. The Contractor shall pay to the Owner as Liquidated Damages for such delay, and not as a penalty, Five Hundred Dollars ($500.00) for each and every calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion shall have been fully accomplished. It is also hereby agreed that if after thirty (30) calendar days after Substantial Completion this Project is not fully and finally completed in accordance with the requirements of the Contract Documents, the Contractor shall pay to the Owner as Liquidated Damages, and not as a penalty, for such delay, one-fourth (1/4) of the rate previously indicated. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery damages of the Owner under the Contract Documents. This provision of Liquidated Damages for delay shall in no manner affect the Owner's right to terminate the Contract. The Owner's exercise of the right to terminate shall not release the Contractor from his obligation to pay Liquidated Damages. It is further agreed that the Owner may deduct from the balance of the Contract Sum held by the Owner the Liquidated Damages stipulated herein, or such portions as said balance will coveraction. 8.3.6 The Contractor agrees to make no claim for damages for delay in the performance of the contract occasioned by any act or omission of the Owner or any of its agents or representatives, or because of any injunction which may be brought against the Owner and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the Work as provided herein.

DELAYS AND EXTENSIONS OF TIME. § 8.3.1 If the Contractor is delayed at any time in the progress of the Work for seven (7) calendar days or less in aggregate by an act reason or neglect events or causes beyond the control of the Owner or Architect, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered the Contractor and the Contractor’s Subcontractors and Sub-subcontractors of any tier (“Force Majeure Delays”), such delays shall not be a basis for an increase in the Work, or by labor disputes, fire, unusual Contract Sum and the Contractor’s sole remedy shall be an extension of the Contractor’s time for performance which fairly reflects a delay in deliveries, unavoidable casualties or other caused beyond substantially completing the Contractor's control, or by delay authorized by the Owner, or by other causes which the Architect determines may justify delay, the Contract Time shall be extended by Change Order to the extent such delay will prevent entire Work. If the Contractor from achieving Substantial Completion with is delayed in the contract Time and if the performance progress of the Work is notfor more than seven (7) calendar days in the aggregate by reason of any Force Majeure Delays as described above, was not, or would not have been delayed the Owner shall in good faith review any actual General Conditions and/or remobilization costs claimed by any other cause for which the Contractor is to have resulted from such delays in excess of seven (7) calendar days, and the Owner shall make a good faith adjustment in the Contract Sum, but not to exceed the actual additional direct costs of General Conditions and/or remobilization caused by such delays in excess of seven (7) calendar days. The Contractor shall also be entitled to an extension of the Contractor’s time for performance which fairly reflects a delay in substantially completing the contract time under the Contract Documentsentire Work. The Contractor further acknowledges and agrees that adjustments in the contract Contract Time will be permitted for a delay only to the extent such delay (1i) is not caused, or could not have been anticipated, anticipated by the Contractor, or and (2ii) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay and (3) is of a duration not less than one (1) dayOwner. 8.3.1.1 Weather, which hinders or prevents work, is not a basis for a time extension unless it surpasses in severity the weather reasonably to be expected in the locality at the particular time of the year. If the contractor files timely notice that he was delayed by weather sufficiently severe as to entitle Contractor to additional time, Contractor should furnish promptly, a statement of the portion of the work affected, an explanation as to the reasons work was prevented or hindered by the weather if not readily apparent, the dates on which such portions of work were affected, the total number of days the job in its entirety was delayed, and other information such as official weather bureau climatological data for a ten year period, local weather bureau data, job daily records, etc. Time extensions due to adverse weather shall not be allowed after the Contract Substantial Completion date. Construction time is based on Local Average weather conditions. Requests for time extensions due to adverse weather, shall be considered only for and equal to the number of "rain days" in excess of the ten year mean average number of days for any given time period as shown by the the US National Oceanic and Atmospheric Administration, National Climatic Data Center, Ashville, North Carolina for Tallahassee, Florida. The mean number of "rain days" for a month is as shown on the "U.S. Summary Report" under the heading "Number of days -- Precipitation .01 inch or more". If current rainfall is less than average, the contract time will not be shortened. Extension of time requests due to adverse weather shall be submitted within twenty (20) days after adverse weather. The Contractor shall submit the referenced climatological summary data immediately upon its availability and shall show how the time extension request corresponds with the climatological data. 8.3.1.2 Extension of time will be granted only to the extent that equitable time adjustments for activity or activities affected exceed the total float or slack associated with those activities at the time the direction to proceed was issued for the change. The Contractor acknowledges and agrees that delays in activities which do not affect any milestone completion dates shown on the network at the time of delay shall not be a basis for granting a time extension. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 If the Contractor submits a progress report indicatingis delayed, hindered, obstructed or otherwise expresses an intention to achieve, completion interfered with (a “Delay’) in the progress of the work prior to Work by any completion date required by the Contract Documents act or expiration omission of the Contract TimeOwner, no liability the Architect or separate contractors to the Owner, the Contractor’s sole remedy shall be: .1 An extension of the Owner to Contractor’s time for performance which fairly reflects a delay in substantially completing the Contractor for any failure of the Contractor to so complete the entire Work shall be created caused by such act or implied.omission; and 8.3.4 Notwithstanding anything to the contrary .2 An adjustment in the Contract Documents, an extension in Sum to cover the Contract Time, to actual additional direct costs (including General conditions) resulting from the extent permitted under Paragraph 8. 3.1. shall be the sole remedy of the Contractor for any (1) delay in the commencement, prosecution or completion of the Work, (2) hindrance or obstruction in the performance of the Work, (3) loss of productivity, or (4) other similar claims (collectively referred to in this Paragraph 8.3.4 as Delays) whether or not such Delays are foreseeable, unless a Delay is caused by acts of the Owner constituting active interference with the Contractor's performance of the Work, and only to the extent such acts continue after the Contractor furnishes the Owner with notice of such interferenceact or omission. In no event shall the Contractor be entitled to any compensation or recovery of any damages, damages in connection with any a Delay, including, including without limitation, consequential damages, lost opportunity costs, impact damages damages, or other similar remuneration. The Owner's exercise . § 8.3.3 Notwithstanding the provisions of any of its rights or remedies under Sections 8.3.1 and 8.3.2 the Contract Documents (including, without limitation, ordering changes in the Work, or directing suspension, rescheduling or correction of the Work), regardless of the extent or frequency of the Owner's exercise of such rights or remedies, Contractor’s time for performance shall not be construed as active interference with the Contractor's performance of the Work. 8.3.5 Failure to complete the Project within the time fixed in this Agreement or Construction Documents will result in substantial injury to the Owner, extended and as damages arising from such failure cannot be calculated with any degree of certainty within the time fixed or within such further time, the Contractor shall pay to the Owner as Liquidated Damages for such delay, and not as a penalty, an amount stipulated in the Construction Documents. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery of damages of the Owner under the Contract Documents. The Contractor shall pay to the Owner as Liquidated Damages for such delay, and not as a penalty, Five Hundred Dollars ($500.00) for each and every calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion shall have been fully accomplished. It is also hereby agreed that if after thirty (30) calendar days after Substantial Completion this Project is not fully and finally completed in accordance with the requirements of the Contract Documents, the Contractor shall pay to the Owner as Liquidated Damages, and not as a penalty, for such delay, one-fourth (1/4) of the rate previously indicated. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery damages of the Owner under the Contract Documents. This provision of Liquidated Damages for delay shall in no manner affect the Owner's right to terminate the Contract. The Owner's exercise of the right to terminate shall not release the Contractor from his obligation to pay Liquidated Damages. It is further agreed that the Owner may deduct from the balance of the Contract Sum held by the Owner the Liquidated Damages stipulated herein, or such portions as said balance will covershall not be increased for: .1 Any delay resulting from adverse weather conditions anticipated in Contractor’s Detailed Construction schedule. 8.3.6 .2 The Contractor agrees to make no claim for damages for portion of any critical path delay in substantially completing the performance of the contract occasioned entire Work, which would have occurred notwithstanding any Force Majeure Delay or delay caused by any act or omission of the Owner or separate contractors to the Owner due to any acts or omissions of the Contractor and/or its agents or representativesSubcontractors, or because Sub-subcontractors of any injunction which may be brought against the Owner and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the Work as provided hereintier.

DELAYS AND EXTENSIONS OF TIME. 8.3.1 3.4.1 Contractor has anticipated ### days to compensate for potential lost time due to adverse weather conditions. Given the inclusion of these days, any request for a time extension based on adverse weather conditions will not be granted unless: (i) the number of weather days impacting the critical path of the Work exceeds the total number of days set forth above; and (ii) Contractor has notified Owner that a weather day is being applied due to adverse weather conditions. The notice will include a description of the weather conditions, their effect upon the progress of the Work, and the amount of lost time due to the adverse weather conditions. Irrespective of whether Contractor is claiming a weather day within those scheduled or in addition to those scheduled, Contractor will provide notice that a weather day is being charged due to adverse weather conditions. The notice will be given to Owner within 72 hours of the occurrence of the adverse weather condition. If a substantial number of Contractor’s employees are unable to perform the Work for at least 50% of the usual workday, then the day can be counted as weather day. Weather days will not be calculated for any period when the critical path of the Project is not impacted by the adverse weather event. As used herein, “adverse weather” refers to: (a) weather conditions that prevent Contractor from performing the Work that is currently on the critical path of the construction schedule, or (b) weather that compromises the safe working conditions of the Project site. 3.4.2 If the Contractor critical path of Contractor’s Work is delayed at any time in the commencement or progress of the Work (i) by fire, adverse weather conditions beyond those set forth in Section 3.4.1 above (and approved by Owner), unavoidable casualties, or other causes beyond Contractor’s control and not due to or resulting from the negligence, inattention or fault of Contractor or any of its subcontractors (“Excusable Delay”); (ii) by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate Contractor contractor or consultant employed by the Owner, ; or (iii) by changes ordered in the Work, or Work by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other caused beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Architect determines may justify delay, ; then the Contract Time shall may be extended by Change Order to for the extent such delay will prevent the Contractor from achieving Substantial Completion with the contract Time and if the performance of the Work is not, was not, or would not have been delayed by any other cause for which the Contractor is not entitled to an extension in the contract time under the Contract Documents. The Contractor further acknowledges and agrees that adjustments in the contract Time will be permitted for a delay only to the extent such delay (1) is not caused, or could not have been anticipated, by the Contractor, or (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay and (3) is of a duration not less than one (1) day. 8.3.1.1 Weather, which hinders or prevents work, is not a basis for a time extension unless it surpasses in severity the weather reasonably to be expected in the locality at the particular time of the year. If the contractor files timely notice that he was delayed by weather sufficiently severe as to entitle Contractor to additional time, Contractor should furnish promptly, a statement of the portion of the work affected, an explanation as to the reasons work was prevented or hindered by the weather if not readily apparent, the dates on which such portions of work were affected, the total number of days the job in its entirety was delayed, and other information such as official weather bureau climatological data for a ten year period, local weather bureau data, job daily records, etc. Time extensions due to adverse weather shall not be allowed after the Contract Substantial Completion date. Construction time is based on Local Average weather conditions. Requests for time extensions due to adverse weather, shall be considered only for and equal to the number of "rain days" in excess of the ten year mean average number of days for any given time period as shown by the the US National Oceanic and Atmospheric Administration, National Climatic Data Center, Ashville, North Carolina for Tallahassee, Florida. The mean number of "rain days" for a month is as shown on the "U.S. Summary Report" under the heading "Number of days -- Precipitation .01 inch or more". If current rainfall is less than average, the contract time will not be shortened. Extension amount of time requests due to adverse weather shall be submitted within twenty (20) days after adverse weatherContractor has been actually and directly delayed. The Contractor shall submit Notwithstanding the referenced climatological summary data immediately upon its availability and shall show how the time extension request corresponds with the climatological data. 8.3.1.2 Extension of time will be granted only to the extent that equitable time adjustments for activity or activities affected exceed the total float or slack associated with those activities at the time the direction to proceed was issued for the change. The foregoing, Contractor acknowledges and agrees that delays neither adjustment in activities which do not affect the Contract Time nor adjustment in the Contract Price will be permitted to the extent that (a) any milestone completion dates shown on delay is caused by the network negligence, errors, omissions or fault of Contractor or its subcontractors or (b) Contractor failed to provide a notice as set forth in Section 3.4.1 above. Contractor will cooperate with Owner to at all times minimize and mitigate the time impact of any delay shall not be a basis for granting a time extension. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 If the Contractor submits a progress report indicating, or otherwise expresses an intention to achieve, completion of the work prior to any completion date required Work. 3.4.3 This Section 3.4 does not preclude recovery of damages for delay by the Contract Documents or expiration either party under other provisions of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall Documents. Except as may otherwise be created or implied. 8.3.4 Notwithstanding anything to the contrary expressly provided in the Contract Documents, an extension in the Contract Time, to the extent permitted under Paragraph 8. 3.1. shall extensions of time will be the Contractor’s sole remedy of the Contractor for delay, including any (1) delay in the commencement, prosecution or completion of the Work, (2) hindrance or obstruction in the performance of the Work, (3) loss of productivity, or (4) other similar claims (collectively referred to in this Paragraph 8.3.4 as Delays) whether or not such Delays are foreseeableExcusable Delay, unless a Delay the delay is caused by Owner’s negligent acts or omissions, intentional interference, fraud, or misrepresentation or Owner approves any delay costs as part of the a Change Order, understanding that (i) Owner constituting active interference with the Contractor's performance of the Workis not obligated to do so, and only (ii) no such costs will be paid if compensated by an insurance carrier. In the event of any delay entitling Contractor to an increase in Contract Price, Contractor’s recovery will be limited to the extent such acts continue after increase, if any, of direct costs incurred by Contractor in performing the Contractor furnishes Work as a result of that portion of delay or delays which cause the Owner with notice of such interferenceContract Time to be extended. In no event shall the Contractor be entitled to Direct costs do not include profit or any compensation or recovery of any damages, in connection with any Delay, including, without limitation, consequential damages, lost opportunity costs, impact damages damages, or other similar remuneration. The Owner's ’s reasonable exercise of any of its rights or remedies under the Contract Documents (including, without limitation, ordering changes in the Work, or directing suspension, rescheduling or correction of the Work)Documents, regardless of the extent or frequency of the Owner's exercise of such rights or remediesfrequency, shall will not under any circumstances be construed as active interference with the Contractor's ’s performance of the Work. Nothing contained herein will prohibit recovery by Owner of liquidated damages for Contractor’s delay pursuant to this Agreement. Contractor will not be compensated nor given extensions of time for delays that are unexcused. 8.3.5 Failure to complete the Project within the time fixed in this Agreement or Construction Documents 3.4.4 Contractor will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with entitled to extensions of time or any degree of certainty within the time fixed or within such further time, the Contractor shall pay to the Owner as Liquidated Damages for such delay, and not increase in Contract Price as a penalty, an amount stipulated result of price escalations in the Construction Documents. These Liquidated Damages shall be payable marketplace, tariffs enacted before the effective date of this Agreement, or increases due to labor or material shortages or delay in addition to any expenses or costs payable by deliveries unless the Contractor to same are the Owner under result of a cataclysmic event occurring after the provisions execution of the Contract Documents of an adverse nature and shall not exclude then only to the recovery of damages extent the event occurs within a 50-mile radius of the Owner under Project. 3.4.5 If Contractor intends to make a claim for an increase in the Contract Documents. The Contractor shall pay Time attributable to adverse weather conditions beyond those provided above, written notice as provided in Section 3.4.1 will be given notwithstanding any other provision to the Owner as Liquidated Damages for such contrary. Contractor’s claim will include an estimate of the time and its probable effect on the progress of the Work. In the case of a continuing delay, only one claim is necessary. 3.4.6 In the event Contractor falls behind schedule at any time, for any reason which does not justify an extension of the Contract Time under this Section 3.4, Contractor will develop and not as deliver a penaltyrecovery plan to Owner with a recovery schedule and a program describing the additional manpower, Five Hundred Dollars ($500.00) for each overtime, material expediting, re-sequencing of the Work and every calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion shall have been fully accomplished. It is also hereby agreed that if after thirty (30) calendar days after Substantial Completion this Project is not fully and finally completed in accordance with other steps Contractor will take to meet the requirements of this Agreement with regard to the Contract DocumentsTime. Contractor will not be entitled to an increase in the Contract Price for the scheduled recovery efforts, the Contractor shall pay except as to causes of delay to the critical path as specified in this Section 3.4. No approval or consent by Owner as Liquidated Damages, and not as a penalty, for such delay, one-fourth (1/4) of the rate previously indicated. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery damages of the Owner under the Contract Documents. This provision of Liquidated Damages for delay shall in no manner affect the Owner's right to terminate the Contract. The Owner's exercise of the right to terminate shall not release the Contractor from his obligation to pay Liquidated Damages. It is further agreed that the Owner may deduct from the balance of the Contract Sum held by the Owner the Liquidated Damages stipulated herein, or such portions as said balance will cover. 8.3.6 The Contractor agrees to make no claim for damages for delay in the performance of the contract occasioned by any act or omission of the Owner or any of its agents or representatives, or because of any injunction which may be brought against the Owner and agrees that any such claim shall be fully compensated plan for by an extension of time to complete performance re-sequencing or acceleration of the Work as provided hereinsubmitted by Contractor pursuant to this Section will constitute a waiver by Owner of any liquidated damages which Owner may suffer by reason of such re-sequencing or the failure of Contractor to meet the Contract Time or other requirements of this Agreement with regard to the Contract Time.

DELAYS AND EXTENSIONS OF TIME. 8.3.1 8.36.1 If the Contractor is Construction Manager shall be delayed at any time in the progress of the Work by an act or neglect events over which Construction Manager has no control, including the weather conditions which: (a) fall outside the parameters of Normal Weather Conditions; (b) adversely impact the critical path of the Owner Work; and (c) cannot be reasonably avoided or Architectmitigated through ordinary construction planning and operations, and which delay is not a result of Construction Manager’s acts or the acts of an employee any of eitherits employees, Subcontractors or suppliers, negligent or otherwise, then the time of a Substantial Completion shall be extended and/or adjusted for such reasonable time and the Designer and the City shall decide. Additionally, if Work on the Critical Path is delayed due to acts or omissions of the City or any separate Contractor contractor employed by the OwnerCity, an equitable adjustment in compensation shall be made to the Agreement as the City may reasonably decide. No charge shall be made by Construction Manager for hindrances or by changes ordered in delays from any cause during the progress of the Work, or by labor disputesany portion thereof, fireincluded in this Agreement, unusual except as provided in this Section. 8.36.2 No such extension shall be made for delay in deliveries, unavoidable casualties or other caused beyond unless Construction Manager provides written notice to Designer and the Contractor's control, or by delay authorized by the Owner, or by other causes which the Architect determines may justify City of such delay, the Contract Time reasons therefore and the expected length of delay within one working day of the commencement of such delay, to enable the City to take immediate action with respect to the cause of delay, if the City should decide to do so. In the case of a continuing cause of delay, only one claim is necessary. 8.36.3 In executing the Agreement, Construction Manager expressly covenants and agrees that, in undertaking to complete the Work within the time agreed in the GMP Change Order, it has taken into consideration and made allowances for all hindrances and delays incident to such Work, whether growing out of delays in securing materials, workers, and Normal Weather Conditions or otherwise. Additional time shall not be permitted for weather conditions that do not impact the Critical Path of the Work or for weather conditions impacting less than a full day of work. 8.36.4 The Construction Manager shall delay or suspend the progress of the Work or any part thereof, whenever it shall be so required by written order of the Designer or the City, and for such periods of time as the Designer or the City shall require; provided, that in the event of such delay or delays or of such suspension or suspensions of the progress of the Work, or any part thereof, the time for completion of Work so suspended or of Work so delayed by such suspension or suspensions shall be extended by Change Order for a period equivalent to the extent time lost by reason of such delay will prevent the Contractor from achieving Substantial Completion with the contract Time and if the performance suspension or suspensions; but such order of the Work is notDesigner or the City shall not otherwise modify or invalidate in any way, was not, or would not have been delayed by any other cause for which the Contractor is not entitled to an extension in the contract time under the Contract Documents. The Contractor further acknowledges and agrees that adjustments in the contract Time will be permitted for a delay only to the extent such delay (1) is not caused, or could not have been anticipated, by the Contractor, or (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay and (3) is of a duration not less than one (1) day. 8.3.1.1 Weather, which hinders or prevents work, is not a basis for a time extension unless it surpasses in severity the weather reasonably to be expected in the locality at the particular time of the year. If the contractor files timely notice that he was delayed by weather sufficiently severe as to entitle Contractor to additional time, Contractor should furnish promptly, a statement of the portion of the work affected, an explanation as to the reasons work was prevented or hindered by the weather if not readily apparent, the dates on which such portions of work were affected, the total number of days the job in its entirety was delayed, and other information such as official weather bureau climatological data for a ten year period, local weather bureau data, job daily records, etc. Time extensions due to adverse weather shall not be allowed after the Contract Substantial Completion date. Construction time is based on Local Average weather conditions. Requests for time extensions due to adverse weather, shall be considered only for and equal to the number of "rain days" in excess of the ten year mean average number of days for any given time period as shown by the the US National Oceanic and Atmospheric Administration, National Climatic Data Center, Ashville, North Carolina for Tallahassee, Florida. The mean number of "rain days" for a month is as shown on the "U.S. Summary Report" under the heading "Number of days -- Precipitation .01 inch or more". If current rainfall is less than average, the contract time will not be shortened. Extension of time requests due to adverse weather shall be submitted within twenty (20) days after adverse weather. The Contractor shall submit the referenced climatological summary data immediately upon its availability and shall show how the time extension request corresponds with the climatological data. 8.3.1.2 Extension of time will be granted only to the extent that equitable time adjustments for activity or activities affected exceed the total float or slack associated with those activities at the time the direction to proceed was issued for the change. The Contractor acknowledges and agrees that delays in activities which do not affect any milestone completion dates shown on the network at the time of delay shall not be a basis for granting a time extension. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 If this Agreement. In the Contractor submits a progress report indicating, or otherwise expresses an intention to achieve, completion of the work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete event that the Work shall be created stopped by order of the Designer or implied. 8.3.4 Notwithstanding anything the City, through no fault of the Construction Manager, its employees, Subcontractors or suppliers, any expenses which, in the opinion and judgment of the Designer and the City, are caused thereby shall be paid by the City to the contrary in the Contract Documents, an extension in the Contract Time, to the extent permitted under Paragraph 8Construction Manager. 3.1. shall be the sole remedy of the Contractor for any (1) delay in the commencement, prosecution or completion of the Work, (2) hindrance or obstruction in the performance of the Work, (3) loss of productivity, or (4) other similar claims (collectively referred to in this Paragraph 8.3.4 as Delays) whether or not such Delays are foreseeable, unless a Delay is caused by acts of the Owner constituting active interference with the Contractor's performance of the Work, and only to the extent such acts continue after the Contractor furnishes the Owner with notice of such interference. In no event shall the Contractor be entitled to any compensation or recovery of any damages, in connection with any Delay, including, without limitation, consequential damages, lost opportunity costs, impact damages or other similar remuneration. The Owner's exercise of any of its rights or remedies under the Contract Documents (including, without limitation, ordering changes in the Work, or directing suspension, rescheduling or correction of the Work), regardless of the extent or frequency of the Owner's exercise of such rights or remedies, shall not be construed as active interference with the Contractor's performance of the Work. 8.3.5 Failure to complete the Project within the time fixed in this Agreement or Construction Documents will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty within the time fixed or within such further time, the Contractor shall pay to the Owner as Liquidated Damages for such delay, and not as a penalty, an amount stipulated in the Construction Documents. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery of damages of the Owner under the Contract Documents. The Contractor shall pay to the Owner as Liquidated Damages for such delay, and not as a penalty, Five Hundred Dollars ($500.00) for each and every calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion shall have been fully accomplished. It is also hereby agreed that if after thirty (30) calendar days after Substantial Completion this Project is not fully and finally completed in accordance with the requirements of the Contract Documents, the Contractor shall pay to the Owner as Liquidated Damages, and not as a penalty, for such delay, one-fourth (1/4) of the rate previously indicated. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery damages of the Owner under the Contract Documents. This provision of Liquidated Damages for delay shall in no manner affect the Owner's right to terminate the Contract. The Owner's exercise of the right to terminate shall not release the Contractor from his obligation to pay Liquidated Damages. It is further agreed that the Owner may deduct from the balance of the Contract Sum held by the Owner the Liquidated Damages stipulated herein, or such portions as said balance will cover. 8.3.6 The Contractor agrees to make no claim for damages for delay in the performance of the contract occasioned by any act or omission of the Owner or any of its agents or representatives, or because of any injunction which may be brought against the Owner and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the Work as provided herein.

DELAYS AND EXTENSIONS OF TIME. 8.3.1 3.1 If the Contractor Contractor’s critical path as shown the Project Schedule is delayed at any time in progress of the Work by (1) an act or neglect of the Owner or Architect, or of an employee of eitherthe Owner causing schedule impacts, interferences and/or interruptions ; (2) by changes ordered by the Owner in accordance with the provisions of Article 7; (collectively (1) and (2) defined as "Excusable Compensable Delay"), (3) adverse weather conditions documented in accordance with Section 15.1.6.2, (4) unusually severe adverse weather conditions in excess of the Weather Days identified in Section 8.4, and which preclude the safe performance of the Work, (5) war or national emergency, or priorities arising therefrom, (6) fires beyond the reasonable control of Contractor, (7) floods beyond the reasonable control of Contractor, (8) earthquakes, (9) off-site or area-wide labor disputes which are beyond the reasonable control of Contractor, (10) civil disturbances, (11) an issuance of an order of a separate court or other public authority having jurisdiction or an act of government, such as declaration of a national emergency, that requires the Work to be stopped, (collectively (3) through (11) defined as "Excusable Noncompensable Delay"); and (b) Contractor employed would otherwise have been able to perform its obligations within the Contract Time but for such Excusable Delay and Contractor has given written notice as required by this Agreement, then when an event qualifies as an Excusable Delay, as determined by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other caused beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Architect determines may justify delay, the Contract Time shall be appropriately extended by Change Order by the number of working days of delay to the extent critical path for the Work actually and directly affected by such delay will prevent occurrence. Any extension of Contract Time shall be reduced by the Contractor from achieving Substantial Completion with the contract Time and if the performance net of any delays caused by or a result of the Work is not, was notfault or negligence of Contractor or which are otherwise the responsibility of Contractor or its agents or Subcontractors, or would not have been delayed by any other cause for which the Contractor is not entitled to an extension in the contract time under the Contract Documentssuppliers. The Contractor further acknowledges and agrees that adjustments in the contract Time will be permitted for Delay on a delay only to the extent such delay (1) is not caused, or could not have been anticipated, by the Contractor, or (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay and (3) is of a duration not less than one (1) day. 8.3.1.1 Weather, which hinders or prevents work, is not a basis for a time extension unless it surpasses in severity the weather reasonably to be expected in the locality at the particular time of the year. If the contractor files timely notice that he was delayed by weather sufficiently severe as to entitle Contractor to additional time, Contractor should furnish promptly, a statement of the portion of the work affected, an explanation as to Project shall not constitute delay for the reasons work was prevented or hindered entire Project unless supported by the weather if original and latest Project Schedule. Delays on items not readily apparent, the dates on which such portions of work were affected, the total number of days the job in its entirety was delayed, and other information such as official weather bureau climatological data for a ten year period, local weather bureau data, job daily records, etc. Time extensions due to adverse weather shall not be allowed after the Contract Substantial Completion date. Construction time is based on Local Average weather conditions. Requests for time extensions due to adverse weather, shall be considered only for and equal to the number of "rain days" in excess of the ten year mean average number of days for any given time period as shown by the the US National Oceanic and Atmospheric Administration, National Climatic Data Center, Ashville, North Carolina for Tallahassee, Florida. The mean number of "rain days" for a month is as shown on the "U.S. Summary Report" under the heading "Number of days -- Precipitation .01 inch or more". If current rainfall is less than average, the contract time will not be shortened. Extension of time requests due to adverse weather shall be submitted within twenty (20) days after adverse weather. The Contractor shall submit the referenced climatological summary data immediately upon its availability and shall show how the time extension request corresponds with the climatological data. 8.3.1.2 Extension of time will be granted only to the extent that equitable time adjustments for activity or activities affected exceed the total float or slack associated with those activities at the time the direction to proceed was issued for the change. The Contractor acknowledges and agrees that delays in activities which do not affect any milestone completion dates shown on the network at the time of delay shall not be a basis for granting a time extension. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 If the Contractor submits a progress report indicating, or otherwise expresses an intention to achieve, completion of the work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall be created or implied. 8.3.4 Notwithstanding anything to the contrary in the Contract Documents, an extension in the Contract Time, to the extent permitted under Paragraph 8. 3.1. shall be the sole remedy of the Contractor for any (1) delay in the commencement, prosecution or completion of the Work, (2) hindrance or obstruction in the performance of the Work, (3) loss of productivity, or (4) other similar claims (collectively referred to in this Paragraph 8.3.4 as Delays) whether or not such Delays are foreseeable, unless a Delay is caused by acts of the Owner constituting active interference with the Contractor's performance of the Work, and only to the extent such acts continue after the Contractor furnishes the Owner with notice of such interference. In no event shall the Contractor be entitled to any compensation or recovery of any damages, in connection with any Delay, including, without limitation, consequential damages, lost opportunity costs, impact damages or other similar remuneration. The Owner's exercise of any of its rights or remedies under the Contract Documents (including, without limitation, ordering changes in the Work, or directing suspension, rescheduling or correction of the Work), regardless of the extent or frequency of the Owner's exercise of such rights or remedies, critical path shall not be construed as active interference with the Contractor's performance of the Work. 8.3.5 Failure to complete the Project within the time fixed in this Agreement or Construction Documents will result in substantial injury a delay to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty within the time fixed or within such further timeProject. For Excusable Noncompensable Delays, the Contractor shall pay to the Owner as Liquidated Damages for such delay, and not as a penalty, an amount stipulated in the Construction Documents. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery of damages of the Owner under the Contract Documents. The Contractor shall pay to the Owner as Liquidated Damages for such delay, and not as a penalty, Five Hundred Dollars ($500.00) for each and every calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion shall have been fully accomplished. It is also hereby agreed that if after thirty (30) calendar days after Substantial Completion this Project is not fully and finally completed in accordance with the requirements of the Contract Documents, the Contractor shall pay to the Owner as Liquidated Damages, and not as a penalty, for such delay, one-fourth (1/4) of the rate previously indicated. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery damages of the Owner under the Contract Documents. This provision of Liquidated Damages for delay shall in no manner affect the Owner's right to terminate the Contract. The Owner's exercise of the right to terminate shall not release the Contractor from his obligation to pay Liquidated Damages. It is further agreed that the Owner may deduct from the balance of the Contract Sum held by the Owner the Liquidated Damages stipulated herein, or such portions as said balance will cover. 8.3.6 The Contractor agrees to make no claim for damages for delay in the performance of the contract occasioned by any act or omission of the Owner or any of its agents or representatives, or because of any injunction which may be brought against the Owner and agrees that any such claim shall be fully compensated for by its sole remedy therefore is an extension of time to complete performance and the Contractor waives all monetary compensation or damages of any kind arising from the Work as provided hereinExcusable Noncompensable Delay.

DELAYS AND EXTENSIONS OF TIME. 8.3.1 If the Contractor is delayed at any time in the progress of the Work by an act or neglect the acts of the Owner or the Architect, or of an by any employee of either, or of a by any separate Contractor contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or any other caused beyond cause that the Contractor's control, or by delay authorized by the Owner, or by other causes which the Architect Owner determines may justify the delay, then the Contract Time completion date shall be extended by Change Order for such reasonable time as the Owner may determine. a. Extension of the Contract completion time will be considered for delays due to weather conditions only when such conditions have had a material, adverse impact upon the critical path of the construction schedule, are more severe and extended than those reflected by the ten (10) year average for the month as evidenced by climatological data, U.S. Department of Commerce, for the area where the Project is located, and only if a request for such an extension of time is received within seven (7) days of the first date of each delay. Extensions of time due to weather or other allowable reasons will be granted on the basis of 1.4 calendar days’ credit for every working day lost with each separate extension figured to the extent nearest whole calendar day. b. All Contractor requests for extension of time shall be subject to the Owner’s approval and shall be made in writing to the Owner no more than seven (7) days after the occurrence causing the delay; otherwise they shall be deemed waived. Any request for extension of time for a change in the Work or for any occurrence allegedly causing a delay as provided for herein must be substantiated by demonstrating the effect of the change or occurrence on the critical path of the construction schedule. c. If no schedule or agreement is made stating the dates upon which written interpretations or detail drawings shall be furnished, then no claim for delay shall be allowed on account of failure to furnish such delay will prevent interpretations or detail drawings and then only if such claim is reasonable. d. Should the time for completion of the Contract be extended, the Owner reserves the right to occupy any part of the structure upon written notice to the Contractor from achieving Substantial Completion with the contract Time and if Architect or the performance Owner, but only after the Architect has made a thorough inspection, accompanied by the Contractor’s superintendent, to note any defects in workmanship or materials that are the responsibility of the Contractor. Such inspection shall not be deemed to modify any other Contract requirements or provisions relating to observations, inspections or acceptance of the Work. Any such partial occupancy shall not be deemed a waiver of any provision for liquidated damages for delay in final completion. e. When the whole or a portion of the Work is not, was not, or would not have been delayed by any other cause for which the Contractor is not entitled to an extension in the contract time under the Contract Documents. The Contractor further acknowledges and agrees that adjustments in the contract Time will be permitted for a delay only to the extent such delay (1) is not caused, or could not have been anticipated, by the Contractor, or (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay and (3) is of a duration not less than one (1) day. 8.3.1.1 Weather, which hinders or prevents work, is not a basis for a time extension unless it surpasses in severity the weather reasonably to be expected in the locality at the particular time of the year. If the contractor files timely notice that he was delayed by weather sufficiently severe as to entitle Contractor to additional time, Contractor should furnish promptly, a statement of the portion of the work affected, an explanation as to the reasons work was prevented or hindered by the weather if not readily apparent, the dates on which such portions of work were affected, the total number of days the job in its entirety was delayed, and other information such as official weather bureau climatological data for a ten year period, local weather bureau data, job daily records, etc. Time extensions due to adverse weather shall not be allowed after the Contract Substantial Completion date. Construction time is based on Local Average weather conditions. Requests for time extensions due to adverse weather, shall be considered only for and equal to the number of "rain days" in excess of the ten year mean average number of days suspended for any given time period as shown by the the US National Oceanic and Atmospheric Administration, National Climatic Data Center, Ashville, North Carolina for Tallahassee, Florida. The mean number of "rain days" for a month is as shown on the "U.S. Summary Report" under the heading "Number of days -- Precipitation .01 inch or more". If current rainfall is less than average, the contract time will not be shortened. Extension of time requests due to adverse weather shall be submitted within twenty (20) days after adverse weather. The Contractor shall submit the referenced climatological summary data immediately upon its availability and shall show how the time extension request corresponds with the climatological data. 8.3.1.2 Extension of time will be granted only to the extent that equitable time adjustments for activity or activities affected exceed the total float or slack associated with those activities at the time the direction to proceed was issued for the change. The Contractor acknowledges and agrees that delays in activities which do not affect any milestone completion dates shown on the network at the time of delay shall not be a basis for granting a time extension. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 If the Contractor submits a progress report indicating, or otherwise expresses an intention to achieve, completion of the work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall be created or implied. 8.3.4 Notwithstanding anything to the contrary in the Contract Documents, an extension in the Contract Time, to the extent permitted under Paragraph 8. 3.1. shall be the sole remedy of the Contractor for any (1) delay in the commencement, prosecution or completion of the Work, (2) hindrance or obstruction in the performance of the Work, (3) loss of productivity, or (4) other similar claims (collectively referred to in this Paragraph 8.3.4 as Delays) whether or not such Delays are foreseeable, unless a Delay is caused by acts of the Owner constituting active interference with the Contractor's performance of the Work, and only to the extent such acts continue after the Contractor furnishes the Owner with notice of such interference. In no event shall the Contractor be entitled to any compensation or recovery of any damages, in connection with any Delay, including, without limitation, consequential damages, lost opportunity costs, impact damages or other similar remuneration. The Owner's exercise of any of its rights or remedies under the Contract Documents (including, without limitation, ordering changes in the Work, or directing suspension, rescheduling or correction of the Work), regardless of the extent or frequency of the Owner's exercise of such rights or remedies, shall not be construed as active interference with the Contractor's performance of the Work. 8.3.5 Failure to complete the Project within the time fixed in this Agreement or Construction Documents will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty within the time fixed or within such further timereason, the Contractor shall pay to the Owner as Liquidated Damages for such delayproperly cover over, secure, and not protect all Work as a penalty, an amount stipulated may be susceptible to damage in the Construction Documents. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions absence of the Contract Documents and shall not exclude the recovery of damages of the Owner under the Contract Documents. The Contractor shall pay to the Owner as Liquidated Damages for such delay, and not as a penalty, Five Hundred Dollars ($500.00) for each and every calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion shall have been fully accomplished. It is also hereby agreed that if after thirty (30) calendar days after Substantial Completion this Project is not fully and finally completed in accordance with the requirements of the Contract Documents, the Contractor shall pay to the Owner as Liquidated Damages, and not as a penalty, for such delay, one-fourth (1/4) of the rate previously indicated. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery damages of the Owner under the Contract Documents. This provision of Liquidated Damages for delay shall in no manner affect the Owner's right to terminate the Contract. The Owner's exercise of the right to terminate shall not release the Contractor from his obligation to pay Liquidated Damages. It is further agreed that the Owner may deduct from the balance of the Contract Sum held by the Owner the Liquidated Damages stipulated herein, or such portions as said balance will coveraction. 8.3.6 The Contractor agrees to make no claim for damages for delay in the performance of the contract occasioned by any act or omission of the Owner or any of its agents or representatives, or because of any injunction which may be brought against the Owner and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the Work as provided herein.

DELAYS AND EXTENSIONS OF TIME. 8.3.1 If 7.2.1 The time during which the Contractor is or any of its subcontractors delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other caused beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Architect determines may justify delay, the Contract Time shall be extended by Change Order to the extent such delay will prevent the Contractor from achieving Substantial Completion with the contract Time and if the performance of the Work is notby the acts or omissions of the Owner, was notDesign Consultant or their employees or agents, acts of God, unusually severe and abnormal climatic conditions, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotions or freight embargoes, or would not have been delayed by any other cause for conditions beyond the Contractor's or its subcontractors’ control and which the Contractor is or its subcontractors could not entitled reasonably have foreseen and provided against, shall be added to the time for completion of the Work (i.e., the Contract Time) stated in the Agreement; provided, however, that no claim by the Contractor for an extension of time for delays will be considered unless made in strict compliance with the contract time under requirements of this Article and other provisions of the Contract Documents. The Contractor further acknowledges and agrees that adjustments in the contract Time will be permitted for a delay only to the extent such delay (1) is not caused, or could not have been anticipated, by the Contractor, or (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay and (3) is of a duration not less than one (1) day. 8.3.1.1 Weather, which hinders or prevents work, is not a basis for a time extension unless it surpasses in severity the weather reasonably to be expected in the locality at the particular time of the year. If the contractor files timely notice that he was delayed by weather sufficiently severe as to entitle Contractor to additional time, Contractor should furnish promptly, a statement of the portion of the work affected, an explanation as to the reasons work was prevented or hindered by the weather if not readily apparent7.2.1.1 For excessive inclement weather, the dates on which such portions of work were affected, the total number of days the job in its entirety was delayed, and other information such as official weather bureau climatological data for a ten year period, local weather bureau data, job daily records, etc. Time extensions due to adverse weather shall not be allowed after the Contract Substantial Completion date. Construction time is based on Local Average weather conditions. Requests for time extensions due to adverse weather, shall be considered only for and equal to the number of "rain days" in excess of the ten year mean average number of days for any given time period as shown by the the US National Oceanic and Atmospheric Administration, National Climatic Data Center, Ashville, North Carolina for Tallahassee, Florida. The mean number of "rain days" for a month is as shown on the "U.S. Summary Report" under the heading "Number of days -- Precipitation .01 inch or more". If current rainfall is less than average, the contract time will not be shortened. Extension of time requests extended due to adverse reasonably anticipated inclement weather shall be submitted within twenty (20) days after adverse or for delays in the aftermath of inclement weather, reasonably anticipated or excessive. The Contractor shall submit the referenced climatological summary data immediately upon its availability and shall show how the time extension request corresponds with the climatological data. 8.3.1.2 Extension for performance of time will be granted only to the extent that equitable time adjustments for activity or activities affected exceed the total float or slack associated with those activities at the time the direction to proceed was issued for the change. The Contractor acknowledges and agrees that delays in activities which do not affect any milestone completion dates shown on the network at the time of delay shall not be a basis for granting a time extension. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 If the Contractor submits a progress report indicatingthis Contract, or otherwise expresses an intention to achieve, completion of the work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall be created or implied. 8.3.4 Notwithstanding anything to the contrary as stated in the Contract Documents, includes an extension allowance for calendar days which may not be available for construction out-of-doors; for the purposes of this Contract, the Contractor agrees that the number of calendar days per month based on a five-year average shall be considered reasonably anticipated inclement weather and planned for in the Contract Time, construction schedule per the Contract. Unless the Contractor can substantiate to the extent permitted under Paragraph 8. 3.1. shall be the sole remedy of the Contractor for any (1) delay in the commencement, prosecution or completion of the Work, (2) hindrance or obstruction in the performance of the Work, (3) loss of productivity, or (4) other similar claims (collectively referred to in this Paragraph 8.3.4 as Delays) whether or not such Delays are foreseeable, unless a Delay is caused by acts satisfaction of the Owner constituting active interference with that there was greater than the Contractor's performance of reasonably anticipated inclement weather considering the Work, and only time from the Notice to Proceed until the date established for substantial completion using data from the national weather service station noted in the Supplemental General Conditions or a weather station acceptable to the extent Owner and that such acts continue after alleged greater than reasonably anticipated inclement weather actually delayed the Contractor furnishes the Owner with notice of such interference. In no event shall the Contractor be entitled to any compensation Work or recovery of any damages, in connection with any Delay, including, without limitation, consequential damages, lost opportunity costs, impact damages or other similar remuneration. The Owner's exercise of any of its rights or remedies under portions thereof which had an effect upon the Contract Documents (including, without limitation, ordering changes in the Work, or directing suspension, rescheduling or correction of the Work), regardless of the extent or frequency of the Owner's exercise of such rights or remedies, shall not be construed as active interference with the Contractor's performance of the Work. 8.3.5 Failure to complete the Project within the time fixed in this Agreement or Construction Documents will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty within the time fixed or within such further time, the Contractor shall pay not be entitled to an extension of time. Also, the Contractor agrees that the calculation of the number of excessive inclement weather days shall be the number of days in excess of the five-year average for each month, in which precipitation exceeded one tenth (.10) inch, or in which the highest temperature was 32 degrees For less as recorded at the approved weather station. Rain days from hurricanes and tropical storms not causing damage in the county where the Project is located shall be deemed inclement weather days. If the total accumulated number of calendar days lost to excessive inclement weather, from the Notice to Proceed until the date established for substantial completion, exceeds the total accumulated number to be reasonably anticipated for the same period from the table above, time for completion will be extended by the number of calendar days needed to include the excess number of calendar days lost. No extension of time will be made for days due to excessive inclement weather occurring after the date established for substantial completion. No change in Contract sum will be authorized because of adjustment of Contract time due to excessive inclement weather. 7.2.2 Should a time extension be granted for Substantial Completion the date for Final Completion shall be appropriately adjusted unless specifically stated otherwise. 7.2.3 Neither the Owner nor the Design Consultant shall be obligated or liable to the Owner as Liquidated Damages for such delayContractor or its Subcontractors for, and not the Contractor hereby expressly waives any claims against the Owner and the Design Consultant on account of any indirect or direct damages, costs or expenses of any nature which the Contractor, its Subcontractors, or Sub-subcontractors or any other person may incur as a penaltyresult of any delays, an amount stipulated interferences, changes in sequence or the Construction Documents. These Liquidated Damages like, which are reasonable, foreseeable, contemplated, or avoidable by Contractor, and it is understood and agreed that the Contractor’s sole and exclusive remedy in any such events shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions an extension of the Contract Documents and shall not exclude the recovery of damages of the Owner under the Contract Documents. The Contractor shall pay to the Owner as Liquidated Damages for such delay, and not as a penalty, Five Hundred Dollars ($500.00) for each and every calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion shall have been fully accomplished. It is also hereby agreed that if after thirty (30) calendar days after Substantial Completion this Project is not fully and finally completed Time in accordance with the requirements of the Contract Documents, unless the Contractor shall pay to delays, interferences, changes in sequence or the Owner as Liquidated Damages, and not as a penalty, for such delay, one-fourth (1/4) like arise solely from or out of the rate previously indicated. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery damages of the Owner under the Contract Documents. This provision of Liquidated Damages for delay shall in no manner affect the Owner's right to terminate the Contract. The Owner's exercise of the right to terminate shall not release the Contractor from his obligation to pay Liquidated Damages. It is further agreed that the Owner may deduct from the balance of the Contract Sum held by the Owner the Liquidated Damages stipulated herein, or such portions as said balance will cover. 8.3.6 The Contractor agrees to make no claim for damages for delay in the performance of the contract occasioned by any act or omission of the Owner or any of its agents or representativesthe Design Consultant, or because their agents, employees, consultants or independent. The Contractor shall not be entitled to any damages pursuant to this section if there are any concurrent delays for which the Owner and/or the Design Consultant are not solely responsible. 7.2.4 Subject to other provisions of any injunction which the Contract, the Contractor may be brought against the Owner and agrees that any such claim shall be fully compensated for by entitled to an extension of time to complete performance the Contract Time (but no increase in the Contract Sum) for delays arising from unforeseeable causes beyond the control and without the fault or negligence of the Work as provided hereinContractor, his Subcontractors or suppliers, unless caused solely by the Owner or Design Consultant. 7.2.5 The Contractor and its subcontractors shall not be entitled to and hereby expressly waives any extension of time resulting from any condition or cause unless said claim for extensions of time is made in writing to the Owner within ten (10) days of the first instance of delay.

DELAYS AND EXTENSIONS OF TIME. 8.3.1 7.4.1 If the Contractor is hindered or delayed at any time in the commencement or progress of the Work by an any act or neglect omission of the Owner Airport Authority or Architectthe Designer, or of an employee of eitherits or their employees or consultants, or of a separate Contractor employed contractor engaged by the OwnerAirport Authority, or by changes ordered in the WorkWork duly ordered by the Airport Authority, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties fire or other caused beyond the Contractor's controlunavoidable casualty, or by delay authorized hurricane or other extraordinary weather conditions not anticipatable and preventing any continuation of operations by the OwnerContractor, or such other unforeseeable occurrences, events or conditions as are beyond the control of the Contractor (it being agreed that delays occasioned by financial difficulties of the Contractor or any Subcontractor, or by other causes which the Architect determines fault, negligence or failure of performance of any Subcontractor or Supplier, shall not be considered beyond the control of the Contractor), except to the extent that such occurrence, event or condition is caused by any fault or negligence of the Contractor, and provided that such occurrence, event or condition (or the adverse consequences of such occurrence, event or condition) could not have been prevented or mitigated by the Contractor by exercising appropriate care, then the Construction Duration may justify delay, the Contract Time shall be extended by Change Order for such reasonable period of time, if any, as the Airport Authority may determine is required due to the extent such delay will prevent the Contractor from achieving Substantial Completion with the contract Time and if the performance nature of the Work is notdelay, was not, or would not have been delayed by any other cause for which the Contractor is not entitled to an extension in the contract time under the Contract Documents. The Contractor further acknowledges and agrees that adjustments in the contract Time will be permitted for a delay only subject to the extent provisions of this Paragraph 7.4, and such delay (1) is not caused, or could not have been anticipated, by the Contractor, or (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay and (3) is of a duration not less than one (1) day. 8.3.1.1 Weather, which hinders or prevents work, is not a basis for a time extension unless it surpasses in severity the weather reasonably to be expected in the locality at the particular time of the year. If the contractor files timely notice that he was delayed by weather sufficiently severe as to entitle Contractor to additional time, Contractor should furnish promptly, a statement of the portion of the work affected, an explanation as to the reasons work was prevented or hindered by the weather if not readily apparent, the dates on which such portions of work were affected, the total number of days the job in its entirety was delayed, and other information such as official weather bureau climatological data for a ten year period, local weather bureau data, job daily records, etc. Time extensions due to adverse weather shall not be allowed after the Contract Substantial Completion date. Construction time is based on Local Average weather conditions. Requests for time extensions due to adverse weather, shall be considered only for and equal to the number of "rain days" in excess of the ten year mean average number of days for any given time period as shown by the the US National Oceanic and Atmospheric Administration, National Climatic Data Center, Ashville, North Carolina for Tallahassee, Florida. The mean number of "rain days" for a month is as shown on the "U.S. Summary Report" under the heading "Number of days -- Precipitation .01 inch or more". If current rainfall is less than average, the contract time will not be shortened. Extension of time requests due to adverse weather shall be submitted within twenty (20) days after adverse weather. The Contractor shall submit the referenced climatological summary data immediately upon its availability and shall show how the time extension request corresponds with the climatological data. 8.3.1.2 Extension of time will be granted only to the extent that equitable time adjustments for activity or activities affected exceed the total float or slack associated with those activities at the time the direction to proceed was issued for the change. The Contractor acknowledges and agrees that delays in activities which do not affect any milestone completion dates shown on the network at the time of delay shall not be a basis for granting a time extension. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 If the Contractor submits a progress report indicating, or otherwise expresses an intention to achieve, completion of the work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall be created or implied. 8.3.4 Notwithstanding anything to the contrary in the Contract Documents, an extension in the Contract Time, to the extent permitted under Paragraph 8. 3.1. shall be the Contractor’s sole remedy on account of such delay and the Contractor shall have no claim for any (1) delay in the commencement, prosecution additional costs or completion damages on account of the Work, (2) such hindrance or obstruction in the performance of the Work, delay (3) loss of productivity, or (4) other similar claims (collectively referred to in this Paragraph 8.3.4 as Delays) whether or not such Delays are foreseeable, unless a Delay is caused by acts of the Owner constituting active interference with the Contractor's performance of the Work, and only to the extent such acts continue after the Contractor furnishes the Owner with notice of such interference. In no event shall the Contractor be entitled to any compensation or recovery of any damages, in connection with any Delay, including, without limitation, consequential loss of productivity or efficiency, impact damages, lost opportunity costs and other consequential damages, extended site-based costs, impact damages home office overhead, or profit). The procedures and other provisions contained in this Paragraph 7.4 are in addition to the provisions of the Contract Documents relating to procedures for Change Orders. A delay in the progress of the Work resulting from one or more of the occurrences, events or conditions described above for which the Contractor establishes its entitlement to an extension of the Construction Duration in accordance with the provisions of this Paragraph 7.4 is sometimes referred to in the Contract Documents as an “Excusable Delay.” The Contractor shall consider in its planning and scheduling of the Work the wide range of seasonal weather conditions historically experienced in the Detroit area; delays or temporary inability to perform work as a result of high or low temperatures and/or precipitation, where such conditions are consistent with the typical range of climatic conditions in the area, will not be considered an Excusable Delay. The Airport Authority may in its discretion recognize Excusable Delay where (i) weather conditions arise of an extraordinary nature, outside the range of reasonably anticipatable weather conditions in the Detroit area, (ii) the Governor of the State of Michigan has declared a state of emergency as a result of such weather conditions, so long as that state of emergency applies to the area of the Site, and (iii) such conditions prevent any performance of the Work for an extended period. Without limitation of the other provisions of this Paragraph 7.4, no extension of the Construction Duration will be granted for a delay caused by a shortage of materials, equipment or other similar remunerationelements of the Work or by labor disputes or disruption. The OwnerAirport Authority's exercise of any of its rights or remedies under the Contract Documents (including, without limitation, ordering changes in the Work, or directing suspension, rescheduling or correction of the Work), regardless of the extent or frequency of the OwnerAirport Authority's exercise of such rights or remedies, shall not be construed as active interference with the Contractor's performance of the Work. 8.3.5 Failure 7.4.2 Whenever the Contractor claims an extension of the Construction Duration, only the necessary delay caused to complete completion of the Project within Work as a whole shall be considered in measuring or evaluating the time fixed in this Agreement or extent of the delay. No extension of the Construction Documents will result in substantial injury Duration shall be granted for delays affecting portions of the Work which are not Critical Path Activities on the latest accepted Baseline CPM Schedule. In any event, even though a cause of delay meets the above conditions, any extension shall be granted only to the Ownerextent that the effect of such cause could not be avoided or mitigated by the exercise of all reasonable precautions, efforts and measures (including planning, rescheduling or resequencing work activities, and as damages arising reallocating and redeploying forces), whether before or after the occurrence of the cause of delay. No extension shall be granted for any delay which, in whole or in part, results from such failure cannot be calculated with any degree or arises out of certainty within the time fixed acts or within such further time, omissions of the Contractor shall pay to the Owner as Liquidated Damages for such delay, and or a delay which would not as a penalty, an amount stipulated in the Construction Documents. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery of damages of the Owner under the Contract Documents. The Contractor shall pay to the Owner as Liquidated Damages for such delay, and not as a penalty, Five Hundred Dollars ($500.00) for each and every calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion shall have been fully accomplished. It is also hereby agreed that if after thirty (30) calendar days after Substantial Completion this Project is not fully and finally completed in accordance with the requirements of the Contract Documents, the Contractor shall pay to the Owner as Liquidated Damages, and not as a penalty, for such delay, one-fourth (1/4) of the rate previously indicated. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery damages of the Owner under the Contract Documents. This provision of Liquidated Damages for delay shall in no manner affect the Owner's right to terminate the Contract. The Owner's exercise of the right to terminate shall not release the Contractor from his obligation to pay Liquidated Damages. It is further agreed that the Owner may deduct from the balance of the Contract Sum held by the Owner the Liquidated Damages stipulated herein, or such portions as said balance will cover. 8.3.6 The Contractor agrees to make no claim for damages for delay in affected the performance of the contract occasioned by Contract were it not for the fault of the Contractor, or for other delay for which the Contractor is not entitled to an extension of the Construction Duration. No extension of the Construction Duration shall be granted on account of any occurrence, event or condition which would or might have caused an Excusable Delay were it not for a prior or superseding delay resulting from the act or omission of the Owner Contractor. No extension of the Construction Duration shall be allowed unless the total float in the latest accepted Baseline CPM Schedule has been exhausted. Any reference in this Paragraph 7.4 to the fault, act or omission of the Contractor shall be deemed to include Subcontractors and Suppliers, employees and others performing any part of its the Contract, and all the foregoing shall, for this purpose, be considered as if they were agents or representatives, or because of the Contractor. 7.4.3 The Contractor shall notify the Airport Authority as soon as possible of any injunction cause that may delay the Work, but in any event the Contractor shall give written notice to the Airport Authority no later than five (5) working days after the time the Contractor knows or should know of any cause which may be brought against will result (or has resulted) in delay for which the Owner and agrees that any such Contractor claims or intends to claim shall be fully compensated for by an extension of time to complete performance the Construction Duration (including those causes which the Airport Authority or the Designer is responsible for or has knowledge of). Such written notice shall (i) state that an extension is claimed; (ii) state in reasonable detail the circumstances which form the basis of the Work delay; and (iii) describe as fully as practicable at the time the date of commencement and duration or expected duration of the delay and its effect on the various portions of the Work. The Contractor shall provide such supporting documentation of its claim as the Airport Authority may require, including a time impact analysis as provided hereinin Subparagraph 7.4.4 below.‌ 7.4.4 The Contractor shall submit to the Airport Authority a written time impact analysis illustrating the impact on the project schedule of each change in the Work or claimed delay. A time impact analysis shall be submitted with each Contractor Change Request or Change Proposal submitted by the Contractor in accordance with the provisions of 0 in which a time extension is requested. Each time impact analysis shall include a fragmentary network demonstrating the time impact to all affected activities in the Baseline CPM Schedule, utilizing the latest accepted Progress Schedule Update.‌ 7.4.5 The submission of a written notice of delay and claim for time extension as provided in Subparagraph 7.4.3 above, within the time period provided in Subparagraph 7.4.3, shall be a condition precedent to any extension of the Construction Duration. No officer, employee or representative of the Airport Authority or the Designer shall have authority to modify or waive, expressly or by implication, such condition precedent, and any action or statement by any such officer, employee or representative to such effect shall not be binding upon the Airport Authority. Since the possible necessity for an extension of the Construction Duration might materially alter the scheduling, plans and other actions of the Airport Authority, and since, with sufficient opportunity, the Airport Authority might (if it knew of the Contractor’s claim) attempt to mitigate the effect of a delay for which an extension of the Construction Duration may be claimed, and since merely oral notice might cause disputes as to the existence or substance thereof and notice long after the event would seriously hinder or prevent the Airport Authority’s investigation of the pertinent facts, the giving of written notice within the time period stated above shall be of the essence of the Contractor’s obligations and failure of the Contractor to comply with these requirements shall be a conclusive waiver of a claim for extension of the Construction Duration. It shall in all cases be presumed that no extension or further extension of the Construction Duration is due unless the Contractor shall affirmatively demonstrate to the satisfaction of the Airport Authority that the conditions and requirements of this Paragraph 7.4 have been satisfied. To this end the Contractor shall maintain adequate records supporting any claim for an extension of the Construction Duration, and in the absence of such records the foregoing presumption shall be deemed conclusive.

DELAYS AND EXTENSIONS OF TIME. 8.3.1 If the Contractor is delayed at any time in the progress of the Work by an any act or neglect omission of the Owner or the Architect, or of an by any employee of eithereither the Owner or the Architect, or of a by any separate Contractor contractor employed by the Owner, or by changes ordered in the Work, or (subject to the provisions of Subparagraph 3.20.1 of these General Conditions) by labor disputes, or by fire, unusual delay in deliveriestransportation, adverse weather conditions not reasonably anticipatable (as more particularly set forth in Subsection 4.3.8.2, above), unavoidable casualties casualties, or other caused any similar causes reasonably beyond the Contractor's control, or by delay authorized control and which could not have been reasonably foreseen by the OwnerContractor, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for a reasonable period of time which is appropriate under the circumstances and is approved by the Owner and the Contractor, which approvals shall not be unreasonably withheld. No justifiable delay shall be deemed to have occurred unless the Contractor delivers a written claim of justifiable delay to the extent Owner within twenty-one (21) days following the commencement of the delay or the date the Contractor delivers to the Owner its final Application For Payment, whichever date is earlier. In the case of delays due to inclement weather, written notice shall be given within twenty-four (24) hours. A delay for which a written claim of justifiable delay is made pursuant to this provision is referred to in the Contract Documents as a "Force Majeure Delay." Immediately upon the Contractor's becoming aware of an General Conditions January 10, 1996 Page 37 82 event causing a Force Majeure Delay, the Contractor shall take all steps reasonably available to lessen the adverse impact of such delay will prevent upon the Owner. No increase in the Contract Time shall be granted for periods of delay for which the Contractor from achieving Substantial Completion would otherwise be entitled to an increase in Contract Time, if such periods of delay are concurrent with the contract Time and if the performance of the Work is not, was not, or would not have been delayed by any other cause delays for which the Contractor is not entitled to an extension in the contract time such increase under the Contract Documents. The Contractor further acknowledges and agrees that adjustments in the contract Time will be permitted for a delay only to the extent such delay (1) is not caused, or could not have been anticipated, by the Contractor, or (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay and (3) is of a duration not less than one (1) day. 8.3.1.1 Weather, which hinders or prevents work, is not a basis for a time extension unless it surpasses in severity the weather reasonably to be expected in the locality at the particular time of the year. If the contractor files timely notice that he was delayed by weather sufficiently severe as to entitle Contractor to additional time, Contractor should furnish promptly, a statement of the portion of the work affected, an explanation as to the reasons work was prevented or hindered by the weather if not readily apparent, the dates on which such portions of work were affected, the total number of days the job in its entirety was delayed, and other information such as official weather bureau climatological data for a ten year period, local weather bureau data, job daily records, etc. Time extensions due to adverse weather shall not be allowed after the Contract Substantial Completion date. Construction time is based on Local Average weather conditions. Requests for time extensions due to adverse weather, shall be considered only for and equal to the number of "rain days" in excess of the ten year mean average number of days for any given time period as shown by the the US National Oceanic and Atmospheric Administration, National Climatic Data Center, Ashville, North Carolina for Tallahassee, Florida. The mean number of "rain days" for a month is as shown on the "U.S. Summary Report" under the heading "Number of days -- Precipitation .01 inch or more". If current rainfall is less than average, the contract time will not be shortened. Extension of time requests due to adverse weather shall be submitted within twenty (20) days after adverse weather. The Contractor shall submit the referenced climatological summary data immediately upon its availability and shall show how the time extension request corresponds with the climatological data. 8.3.1.2 Extension of time will be granted only to the extent that equitable time adjustments for activity or activities affected exceed the total float or slack associated with those activities at the time the direction to proceed was issued for the change. The Contractor acknowledges and agrees that delays in activities which do not affect any milestone completion dates shown on the network at the time of delay shall not be a basis for granting a time extension. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 If the Contractor submits a progress report indicating, or otherwise expresses an intention to achieve, completion of the work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall be created or implied. 8.3.4 Notwithstanding anything to the contrary in the Contract Documents, an extension in the Contract Time, to the extent permitted under Paragraph 8. 3.1. shall be the sole remedy of the Contractor for any (1) delay in the commencement, prosecution or completion of the Work, (2) hindrance or obstruction in the performance of the Work, (3) loss of productivity, or (4) other similar claims (collectively referred to in this Paragraph 8.3.4 as Delays) whether or not such Delays are foreseeable, unless a Delay is caused by acts of the Owner constituting active interference with the Contractor's performance of the Work, and only to the extent such acts continue after the Contractor furnishes the Owner with notice of such interference. In no event shall the Contractor be entitled to any compensation or recovery of any damages, in connection with any Delay, including, without limitation, consequential damages, lost opportunity costs, impact damages or other similar remuneration. The Owner's exercise of any of its rights or remedies under the Contract Documents (including, without limitation, ordering changes in the Work, or directing suspension, rescheduling or correction of the Work), regardless of the extent or frequency of the Owner's exercise of such rights or remedies, shall not be construed as active interference with the Contractor's performance of the Work. 8.3.5 Failure to complete the Project within the time fixed in this Agreement or Construction Documents will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty within the time fixed or within such further time, the Contractor shall pay to the Owner as Liquidated Damages for such delay, and not as a penalty, an amount stipulated in the Construction Documents. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery of damages of the Owner under the Contract Documents. The Contractor shall pay to the Owner as Liquidated Damages for such delay, and not as a penalty, Five Hundred Dollars ($500.00) for each and every calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion shall have been fully accomplished. It is also hereby agreed that if after thirty (30) calendar days after Substantial Completion this Project is not fully and finally completed in accordance with the requirements of the Contract Documents, the Contractor shall pay to the Owner as Liquidated Damages, and not as a penalty, for such delay, one-fourth (1/4) of the rate previously indicated. These Liquidated Damages shall be payable in addition to any expenses or costs payable by the Contractor to the Owner under the provisions of the Contract Documents and shall not exclude the recovery damages of the Owner under the Contract Documents. This provision of Liquidated Damages for delay shall in no manner affect the Owner's right to terminate the Contract. The Owner's exercise of the right to terminate shall not release the Contractor from his obligation to pay Liquidated Damages. It is further agreed that the Owner may deduct from the balance of the Contract Sum held by the Owner the Liquidated Damages stipulated herein, or such portions as said balance will cover. 8.3.6 The Contractor agrees to make no claim for damages for delay in the performance of the contract occasioned by any act or omission of the Owner or any of its agents or representatives, or because of any injunction which may be brought against the Owner and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the Work as provided herein.