Common use of DELAYS AND EXTENSIONS OF TIME Clause in Contracts

DELAYS AND EXTENSIONS OF TIME. 2.6.1 The Contractor shall provide the requisite labor and sufficient Materials and Equipment to maintain the Project Schedule and in particular, that portion of the Project Schedule applicable to the Contractor's Work. If the Contractor's Work is delayed by reason of its or its Subcontractors' or its Vendors’ acts, the Contractor shall, at the Owner’s Representative’s direction, increase the number of workers, the number of shifts, the days of work and, to the extent permitted by law, institute overtime operations, all at the Contractor’s sole cost and expense, in order to regain any time loss and maintain the Project Schedule and the Overall Contract Schedule. All costs of all standby trades will be charged to the Contractor when such corrective measures are required. 2.6.2 The Contractor shall not cause any hindrance or delay to other contractors on the Project. In addition to and without in any way limiting the Contractor’s indemnification and other obligations under Article 8 of this Contract, the Contractor shall be solely responsible and shall indemnify and hold harmless the Owner, the City, all other Additional Insureds, and the Other Interested Parties, from all claims, including costs and reasonable attorneys’ fees, related to any and all damages sustained by any other contractor having or who shall hereafter have a contract with the Owner for the performance of work upon the Work Site or the Project due to any act or omission of the Contractor including, without limitation, costs incurred due to the Contractor’s failure to coordinate work with other contractors or due to delays caused to other contractors by the Contractor. The Contractor agrees to reimburse each such other contractor for all such damages. In addition to the foregoing, the Owner’s Representative and the Owner shall have the right, after three (3) days' written Notice to the Contractor, to provide any such labor, additional labor, overtime labor and Materials and Equipment necessary to remedy such hindrance or delay to each such other contractor’s work, and the Owner may, in its sole discretion, in addition to any other remedy it may have under this Contract, or at law or equity, deduct the costs thereof from any moneys then due or thereafter to become due to the Contractor, or to require the Contractor to pay for such costs on demand. In the event the Owner intends to extend any such other contractor’s time to complete that contractor’s work due to delays caused by the Contractor, such extensions of time shall not be construed as a waiver of the Owner’s or the Owner’s Representative’s right to be compensated by the Contractor for all damages, losses, costs and expenses, including attorneys' fees and disbursements, resulting from such delay. 2.6.3 If the Contractor has been delayed and as a result will be unable to complete performance fully and satisfactorily within the time fixed therefor, the Contractor may be granted an extension of time fixed for performance equal to the period the Contractor was actually and necessarily delayed upon submission of evidence of the causes of the delay, subject to the written approval of the Owner in its sole discretion, provided that: 2.6.3.1 the Contractor has submitted a written claim to the Owner’s Representative and the Owner within three (3) working days after the commencement of the alleged cause of the delay, hindrance or obstruction; 2.6.3.2 Contractor demonstrates that it did not in any way cause and could not have anticipated or avoided such delay, hindrance or obstruction; 2.6.3.3 Contractor has used all available means to minimize the consequences thereof; and 2.6.3.4 the Owner and the Owner’s Representative determine that such an extension has been substantiated and is warranted under the circumstances. The decision of the DRB as to the granting of the extension and its length shall be binding upon the Contractor. 2.6.4 Subject to the Owner’s determination and approval, the Owner may extend the time or times for performance of the Work where such performance has been substantially obstructed, hindered or delayed by reason of one or more of the following limited circumstances: 2.6.4.1 acts of Force Majeure; 2.6.4.2 any act, neglect, delay or default of the Owner’s Representative, the Owner, the Engineer or Environmental Consultant; 2.6.4.3 changes ordered in the Work not resulting from the actions, omissions or negligence of the Contractor; 2.6.4.4 rules, orders or regulations of any Applicable Agency that affect the supply or availability of Materials and Equipment or labor; or 2.6.4.5 if Contractor is barred from access to the Work Site by individuals or entities not associated with the Owner or by court order. 2.6.5 The Contractor shall have no claim against the Owner or the Owner’s Representative for any loss or damage sustained by the Contractor nor for any extra compensation in the form of an increase in the Maximum Contract Price, or otherwise, through delay, hindrance, obstruction, disruption, suspension, stoppage, interruption or acceleration of the Contractor's Work caused or directed by: 2.6.5.1 the Owner’s Representative or the Owner in order to meet the Project Schedule, or to accommodate Fast-Tracking of the Project as described in greater detail in and subject to the provisions of Sections 2.7.1 and 2.7.2; 2.6.5.2 the circumstances set forth in Section 2.6.4; 2.6.5.3 any other foreseen or unforeseen reasons or circumstances; or 2.6.5.4 any other contractor. Subject to the provisions of Section 5.5 regarding Protest Work, the Contractor hereby waives all claims for damages, including all costs direct and indirect, and increased costs for labor and Materials and Equipment, incurred on account of any delay, hindrance or cause whatsoever, and the Contractor agrees that its sole right and remedy for any delay, hindrance or cause shall be that the Contractor shall be entitled to an extension of the Contract period, which is acknowledged to be adequate and full consideration to the Contractor for all delays, hindrances, or causes. 2.6.6 The Contractor acknowledges that the Project may be constructed on a Fast-Track basis if applicable,

DELAYS AND EXTENSIONS OF TIME. 2.6.1 The 5.3.1 To the extent the performance by Contractor shall provide of any activity on the requisite labor and sufficient Materials and Equipment to maintain the Project Schedule and in particular, that portion critical path of the Project Construction Schedule applicable to the Contractor's Work. If the Contractor's Work is delayed by reason of, and only by reason of, an MSG Act, an event of its Force Majeure or its Subcontractors' or its Vendors’ actsanother event expressly identified in this Agreement as giving Contractor the right to seek an adjustment, then the Substantial Completion Date may be extended as provided in this Section 5.3; provided that in each instance the notice provisions and other conditions and requirements of this Section 5.3 are satisfied as a precondition to any entitlement of Contractor to the adjustments set forth herein. Any adjustment to the Substantial Completion Date shall be limited to the period of time that an activity on the critical path of the Construction Schedule is actually delayed by the MSG Act, the other events giving Contractor shallthe right to seek an adjustment or the event of Force Majeure described in such notice. For periods of delay caused by reason of: 5.3.1.1 an MSG Act, at the Owner’s Representative’s direction, increase the number of workers, the number of shifts, the days of work and, to the extent permitted by law, institute overtime operations, all at the Contractor’s sole cost and expense, in order to regain any time loss and maintain the Project Schedule and the Overall Contract Schedule. All costs of all standby trades will be charged to the Contractor when such corrective measures are required. 2.6.2 The Contractor shall not cause any hindrance or delay to other contractors on the Project. In addition to and without in any way limiting the Contractor’s indemnification and other obligations under Article 8 of this Contract, the Contractor shall be solely responsible and shall indemnify and hold harmless the Owner, the City, all other Additional Insureds, and the Other Interested Parties, from all claims, including costs and reasonable attorneys’ fees, related to any and all damages sustained by any other contractor having or who shall hereafter have a contract with the Owner for the performance of work upon the Work Site or the Project due to any act or omission of the Contractor including, without limitation, costs incurred due to the Contractor’s failure to coordinate work with other contractors or due to delays caused to other contractors by the Contractor. The Contractor agrees to reimburse each such other contractor for all such damages. In addition to the foregoing, the Owner’s Representative and the Owner shall have the right, after three (3) days' written Notice to the Contractor, to provide any such labor, additional labor, overtime labor and Materials and Equipment necessary to remedy such hindrance or delay to each such other contractor’s work, and the Owner may, in its sole discretion, in addition to any other remedy it may have under this Contract, or at law or equity, deduct the costs thereof from any moneys then due or thereafter to become due to the Contractor, or to require the Contractor to pay for such costs on demand. In the event the Owner intends to extend any such other contractor’s time to complete that contractor’s work due to delays caused by the Contractor, such extensions of time shall not be construed as a waiver of the Owner’s or the Owner’s Representative’s right to be compensated by the Contractor for all damages, losses, costs and expenses, including attorneys' fees and disbursements, resulting from such delay. 2.6.3 If the Contractor has been delayed and as a result will be unable to complete performance fully and satisfactorily within the time fixed therefor, the Contractor may be granted an extension of time fixed for performance equal to the period the Contractor was actually and necessarily delayed upon submission of evidence of the causes of the delayentitled, subject to the written approval requirements of Article 6, to an adjustment to the Incentive Benchmark based upon any actual and proven increase in the Cost of the Owner in its sole discretion, provided that: 2.6.3.1 the Contractor has submitted Work as a written claim to the Owner’s Representative and the Owner within three (3) working days after the commencement result of the alleged cause of the delay, hindrance or obstructionMSG Act; 2.6.3.2 Contractor demonstrates that it did not in 5.3.1.2 an event of Force Majeure, the provisions of Section 5.3.6 shall apply with respect to any way cause and could not have anticipated or avoided such delay, hindrance or obstruction; 2.6.3.3 Contractor has used all available means to minimize the consequences thereofcost recovery entitlement of Contractor; and 2.6.3.4 5.3.1.3 an event expressly identified in this Agreement as giving Contractor the Owner right to recover additional cost in addition to an adjustment to the Substantial Completion Date, then the terms of the relevant provision shall apply, 5.3.1.4 provided, however, that any claim by Contractor for an adjustment to the Incentive Benchmark or for additional Cost of the Work shall be subject to audit by MSG and Contractor shall make all of its and its Subcontractors’ books and records available to MSG or its nominee for such audit, upon MSG’s request. 5.3.2 As a precondition to any entitlement to an adjustment to the Substantial Completion Date in accordance with this Section 5.3, Contractor shall use reasonable efforts: (x) to mitigate the effects and duration of, and costs arising from, any suspension or delay in the performance of its obligations under the Contract Documents; (y) to the extent reasonably possible, continue to perform its obligations under the Contract Documents; and (z) to the extent reasonably possible, remedy its inability to perform the Work or a portion thereof. 5.3.3 Contractor shall notify MSG and Project Manager in writing of any MSG Act for which it seeks an adjustment to the Substantial Completion Date no later than ten (10) Business Days after Contractor has knowledge of the event that caused the delay for which it seeks an adjustment, or reasonably should have had knowledge, in accordance with the Standard of Care, of the event that caused the delay for which it seeks an adjustment, whichever is sooner. 5.3.4 Within a further ten (10) Business Days of Contactor’s initial written notice of the MSG Act that caused the delay for which Contractor seeks an adjustment, Contractor shall provide a written estimate of the probable effect of such delay on the progress of the Work to the extent then known. 5.3.5 If Contractor is entitled to an adjustment to the Substantial Completion Date under this Section 5.3 due to an MSG Act or an event of Force Majeure, then the Substantial Completion Date shall be adjusted pursuant to a Change Order in accordance with Section 5.3.8 to the extent Contractor demonstrates using critical path analysis and the Owner’s Representative determine that such an extension has been substantiated and is warranted under the circumstances. The decision most recent monthly update of the DRB as to Construction Schedule approved by MSG that the granting of the extension and its length shall be binding upon the Contractor. 2.6.4 Subject to the Owner’s determination and approval, the Owner may extend the time or times for performance of the Work where such performance has been substantially obstructedor the achievement of Substantial Completion, hindered or as applicable, will be delayed by reason such MSG Act or event of Force Majeure, despite Contractor’s notification of the event to MSG. 5.3.6 If Contractor experiences one or more of the following limited circumstances: 2.6.4.1 acts events of Force Majeure;, the following provisions shall apply: 2.6.4.2 any act, neglect, delay or default 5.3.6.1 Contractor shall give written notice of the Owner’s Representativeoccurrence of the event of Force Majeure to MSG and Project Manager within five (5) Business Days and shall take all steps required by this Agreement to protect the Work. 5.3.6.2 If MSG agrees that an event of Force Majeure has occurred then, within five (5) Business Days of receipt of such notice, Contractor and MSG shall meet and discuss whether, based on the probable magnitude and duration of the impact of the event of Force Majeure, the Owner, the Engineer or Environmental Consultant; 2.6.4.3 changes ordered in the Work not resulting from the actions, omissions or negligence of the Contractor; 2.6.4.4 rules, orders or regulations of any Applicable Agency that affect the supply or availability of Materials and Equipment or labor; or 2.6.4.5 if Contractor is barred from access delay to the Work Site by individuals or entities not associated with the Owner or by court orderfor that particular event of Force Majeure is likely to exceed sixty (60) Days. 2.6.5 The Contractor shall have no claim against 5.3.6.3 If the Owner or the Owner’s Representative for any loss or damage sustained by the Contractor nor for any extra compensation in the form of an increase in the Maximum Contract Price, or otherwise, through delay, hindrance, obstruction, disruption, suspension, stoppage, interruption or acceleration impact of the Contractor's Work caused or directed by: 2.6.5.1 event of Force Majeure is likely to continue for sixty (60) Days, MSG may direct Contractor and its Subcontractors to demobilize from the Owner’s Representative or the Owner in order to meet the Project Schedule, or to accommodate Fast-Tracking Site and MSG shall pay [*****] of the Project as described in greater detail in reasonable and subject to the provisions actual costs of Sections 2.7.1 demobilization of Contractor and 2.7.2; 2.6.5.2 the circumstances set forth in Section 2.6.4; 2.6.5.3 any other foreseen or unforeseen reasons or circumstances; or 2.6.5.4 any other contractorits Subcontractors. Subject to the provisions of Section 5.5 regarding Protest Work, the Contractor hereby waives all claims for damages, including all costs direct and indirect, and increased costs for labor and Materials and Equipment, incurred on account of any delay, hindrance or cause whatsoever, and the Contractor agrees that its sole right and remedy for any delay, hindrance or cause shall be that the Contractor shall be entitled to an extension responsible for the other [*****] of the Contract period, which is acknowledged to be adequate and full consideration to the Contractor for all delays, hindrances, or causessuch costs. 2.6.6 The Contractor acknowledges that the Project may be constructed on a Fast-Track basis if applicable,

DELAYS AND EXTENSIONS OF TIME. 2.6.1 The Contractor work to be performed under this Contract shall provide be substantially completed within ( ) calendar days after the requisite labor and sufficient Materials and Equipment date of notice to maintain proceed or by (insert date) or as stipulated in the Project Schedule and in particularContract Documents, that portion of the Project Schedule applicable to the Contractor's Work. If the Contractor's Work whichever is delayed earlier, or by reason of its or its Subcontractors' or its Vendors’ acts, the Contractor shall, at the Owner’s Representative’s direction, increase the number of workers, the number of shifts, the days of work and, to the extent permitted such dates thereafter as may be established by law, institute overtime operations, all at the Contractor’s sole cost and expense, in order to regain any time loss and maintain the Project Schedule and the Overall Contract Schedule. All costs of all standby trades will be charged to the Contractor when such corrective measures are required. 2.6.2 The Contractor shall not cause any hindrance or delay to other contractors on the Project. In addition to and without in any way limiting the Contractor’s indemnification and other obligations written extensions granted under Article 8 of the General Conditions. The parties hereto agree that time is of the essence to this Contract, and that the Contractor pecuniary damages that would be suffered by the OWNER, if the CONTRACTOR does not substantially complete all work called for in the Contract Documents by the specified date, are of their very nature difficult of ascertainment. It is therefore expressly agreed that as part of the consideration inducing the OWNER to execute this Contract, that the OWNER may deduct from any final payment made to the CONTRACTOR a sum equal to $ [INSERT SUBSTANTIAL COMPLETION DAMAGES PER DAY FROM TABLE BELOW] per day for each and every calendar day beyond the agreed date which the CONTRACTOR shall be solely responsible and shall indemnify and hold harmless require for substantial completion of the Ownerwork included in this Contract. It is also expressly agreed that if the CONTRACTOR does not complete all punch list items within 90 days of submitting the punch list, the City, all other Additional Insureds, and the Other Interested Parties, OWNER may deduct from all claims, including costs and reasonable attorneys’ fees, related to any and all damages sustained by any other contractor having or who shall hereafter have a contract with the Owner for the performance of work upon the Work Site or the Project due to any act or omission of the Contractor including, without limitation, costs incurred due final payment made to the Contractor’s failure CONTRACTOR an additional sum equal to coordinate work with other contractors or due to delays caused to other contractors by $100.00 per day for each and every calendar day beyond the Contractor. The Contractor agrees to reimburse each such other contractor for all such damages. In addition 90 days given to the foregoing, CONTRACTOR to complete the Owner’s Representative and punch list items. It is also expressly agreed between the Owner shall have the right, after three (3) days' written Notice to the Contractor, to provide any such labor, additional labor, overtime labor and Materials and Equipment necessary to remedy such hindrance or delay to each such other contractor’s work, and the Owner may, parties that in its sole discretion, the OWNER may contact the CONTRACTOR’S bonding company in addition to any other remedy it may have under this Contract, or at law or equity, deduct the costs thereof from any moneys then due or thereafter to become due to the Contractor, or to require the Contractor to pay for such costs on demand. In the event that the Owner intends to extend any such other contractor’s time to complete OWNER believes that contractor’s work due to delays caused by the Contractor, such extensions of time shall not be construed as a waiver of the Owner’s or the Owner’s Representative’s right to be compensated by the Contractor for all damages, losses, costs and expenses, including attorneys' fees and disbursements, resulting from such delay. 2.6.3 If the Contractor has been delayed and as a result will be unable to complete performance fully and satisfactorily within the time fixed therefor, the Contractor may be granted an extension of time fixed for performance equal to the period the Contractor was actually and necessarily delayed upon submission of evidence of the causes of the delay, subject to the written approval of the Owner in its sole discretion, provided that: 2.6.3.1 the Contractor has submitted a written claim to the Owner’s Representative and the Owner within three (3) working days after the commencement of the alleged cause of the delay, hindrance or obstruction; 2.6.3.2 Contractor demonstrates that it did not in any way cause and could not have anticipated or avoided such delay, hindrance or obstruction; 2.6.3.3 Contractor has used all available means to minimize the consequences thereof; and 2.6.3.4 the Owner and the Owner’s Representative determine that such an extension has been substantiated and is warranted rights under the circumstances. The decision of the DRB as performance bond related to the granting of the extension and its length shall be binding upon the Contractor. 2.6.4 Subject to the Owner’s determination and approval, the Owner may extend the time or times for performance of the Work where such performance has been substantially obstructed, hindered or delayed by reason of one or more of the following limited circumstances: 2.6.4.1 acts of Force Majeure; 2.6.4.2 any act, neglect, delay or default of the Owner’s Representative, the Owner, the Engineer or Environmental Consultant; 2.6.4.3 changes ordered in the Work not resulting from the actions, omissions or negligence of the Contractor; 2.6.4.4 rules, orders or regulations of any Applicable Agency that affect the supply or availability of Materials and Equipment or labor; or 2.6.4.5 if Contractor is barred from access to the Work Site by individuals or entities not associated with the Owner or by court order. 2.6.5 The Contractor shall have no claim against the Owner or the Owner’s Representative for any loss or damage sustained by the Contractor nor for any extra compensation in the form of an increase in the Maximum Contract Price, or otherwise, through delay, hindrance, obstruction, disruption, suspension, stoppage, interruption or acceleration of the Contractor's Work caused or directed by: 2.6.5.1 the Owner’s Representative or the Owner in order to meet the Project Schedule, or to accommodate Fast-Tracking of the Project as described in greater detail in and subject to the provisions of Sections 2.7.1 and 2.7.2; 2.6.5.2 the circumstances set forth in Section 2.6.4; 2.6.5.3 any other foreseen or unforeseen reasons or circumstances; or 2.6.5.4 any other contractor. Subject to the provisions of Section 5.5 regarding Protest Work, the Contractor hereby waives all claims for damages, including all costs direct and indirect, and increased costs for labor and Materials and Equipment, incurred on account of any delay, hindrance or cause whatsoever, and the Contractor agrees that its sole right and remedy for any delay, hindrance or cause shall be that the Contractor shall be entitled to an extension of the Contract period, which is acknowledged to be adequate and full consideration to the Contractor for all delays, hindrances, or causes. 2.6.6 The Contractor acknowledges that the Project may be constructed invoked. It is further understood that the above-referenced sums per day are agreed upon by the parties as a fair estimate of the pecuniary damages that will be sustained by the OWNER in the event that the work is not substantially completed within the agreed upon time or the punch list is not completed in a timely manner. These sums shall be considered as liquidated damages only, and in no sense shall be considered a penalty, said damage being caused by additional compensation to personnel, loss of interest on a Fast-Track basis if applicable,money, inconvenience, disruption of the educational environment, moving costs, loss of building use, and other miscellaneous increased costs, all of which are difficult of exact ascertainment. Less than $5,000,000 $ 500.00 $5,000,001 to $10,000,000 $ 1,000.00 $10,000,001 to $25,000,000 $ 1,500.00 $25,000,001 to $50,000,000 $ 2,000.00 $50,000,001 to $75,000,000 $ 2,500.00 $75,000,001 to $100,000,000 $ 3,000.00 Over $100,000,000 $ 3,500.00

DELAYS AND EXTENSIONS OF TIME. 2.6.1 The A. If the Contractor shall provide is delayed at any time in the requisite labor and sufficient Materials and Equipment to maintain the Project Schedule and in particular, that portion progress of the Project Schedule applicable to the Contractor's Work. If the Contractor's Work is delayed by reason of its or its Subcontractors' or its Vendors’ acts, the Contractor shall, at the Owner’s Representative’s direction, increase the number of workers, the number of shifts, the days of work and, to the extent permitted by law, institute overtime operations, all at the Contractor’s sole cost and expense, in order to regain any time loss and maintain the Project Schedule and the Overall Contract Schedule. All costs of all standby trades will be charged to the Contractor when such corrective measures are required. 2.6.2 The Contractor shall not cause any hindrance or delay to other contractors on the Project. In addition to and without in any way limiting the Contractor’s indemnification and other obligations under Article 8 of this Contract, the Contractor shall be solely responsible and shall indemnify and hold harmless the Owner, the City, all other Additional Insureds, and the Other Interested Parties, from all claims, including costs and reasonable attorneys’ fees, related to any and all damages sustained by any other contractor having or who shall hereafter have a contract with the Owner for the performance of work upon the Work Site or the Project due to any act or omission neglect of the Contractor includingSDSTA, without limitation, costs incurred due to the Contractor’s failure to coordinate work with other contractors or due to delays caused to other contractors by any separate contractor employed by the Contractor. The Contractor agrees to reimburse each such other contractor for all such damages. In addition to the foregoing, the Owner’s Representative and the Owner shall have the right, after three (3) days' written Notice to the Contractor, to provide any such labor, additional labor, overtime labor and Materials and Equipment necessary to remedy such hindrance or delay to each such other contractor’s work, and the Owner may, in its sole discretion, in addition to any other remedy it may have under this ContractSDSTA, or at law by changes ordered in the Work, or equity, deduct by labor disputes not caused by the costs thereof from any moneys then due or thereafter to become due to labor practices of the Contractor, or to require the Contractor to pay for such costs on demand. In the event the Owner intends to extend by fire, unusual delay in transportation, severe and unusual weather conditions not reasonably anticipated, unavoidable casualties, or any such other contractor’s time to complete that contractor’s work causes beyond Contractor's control and not occurring due to delays caused by the fault or neglect of the Contractor, any subcontractor or any other person for whose acts the Contractor is responsible, then the Contract Time shall be extended by Change Order for such extensions reasonable time as the SDSTA shall determine. B. Any claim for extension of time shall not be construed as a waiver of the Owner’s or the Owner’s Representative’s right to be compensated by the Contractor for all damages, losses, costs and expenses, including attorneys' fees and disbursements, resulting from such delay. 2.6.3 If the Contractor has been delayed and as a result will be unable to complete performance fully and satisfactorily within the time fixed therefor, the Contractor may be granted an extension of time fixed for performance equal made in writing to the period the Contractor was actually and necessarily delayed upon submission of evidence of the causes of the delay, subject to the written approval of the Owner in its sole discretion, provided that: 2.6.3.1 the Contractor has submitted a written claim to the Owner’s Representative and the Owner within three SDSTA not more than ten (310) working days after the commencement of the alleged cause delay; otherwise it shall be deemed waived. In the case of continuing delay, only one claim is necessary. 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 delaySDSTA’s significant interference, hindrance by action or obstruction; 2.6.3.2 Contractor demonstrates that it did not in any way cause and could not have anticipated or avoided such delayinaction, hindrance or obstruction; 2.6.3.3 Contractor has used all available means to minimize the consequences thereof; and 2.6.3.4 the Owner and the Owner’s Representative determine that such an extension has been substantiated and is warranted under the circumstances. The decision of the DRB as to the granting of the extension and its length shall be binding upon with the Contractor's Work. 2.6.4 Subject E. Should the Contractor fail to substantially complete the Owner’s determination and approvalinstallation within the thirteen (13) day time frame as agreed upon in the Contract Documents, or within such extra time as may have been allowed by increases in the Owner may extend the time Contract or times for performance of the Work where such performance has been substantially obstructed, hindered or delayed by reason of one or more of the following limited circumstances: 2.6.4.1 acts of Force Majeure; 2.6.4.2 any act, neglect, delay or default of the Owner’s Representative, formally approved extensions granted by the Owner, the Engineer or Environmental Consultant; 2.6.4.3 changes ordered in Contractor and the Contractor’s surety shall be liable for and shall pay the Owner $50 for every $100,000 of total contract value 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 by reason of inconvenience to the Owner, added cost of engineering and supervision, and other items which have caused an expenditure of funds resulting from the actions, omissions or negligence of the Contractor; 2.6.4.4 rules, orders or regulations of any Applicable Agency that affect the supply or availability of Materials and Equipment or labor; or 2.6.4.5 if Contractor is barred from access 's failure to complete the Work Site by individuals or entities not associated with within the Owner or by court order. 2.6.5 The Contractor shall have no claim against the Owner or the Owner’s Representative for any loss or damage sustained by the Contractor nor for any extra compensation time specified in the form of an increase in the Maximum Contract Price, or otherwise, through delay, hindrance, obstruction, disruption, suspension, stoppage, interruption or acceleration of the Contractor's Work caused or directed by: 2.6.5.1 the Owner’s Representative or the Owner in order to meet the Project Schedule, or to accommodate Fast-Tracking of the Project as described in greater detail in and subject to the provisions of Sections 2.7.1 and 2.7.2; 2.6.5.2 the circumstances set forth in Section 2.6.4; 2.6.5.3 any other foreseen or unforeseen reasons or circumstances; or 2.6.5.4 any other contractor. Subject to the provisions of Section 5.5 regarding Protest Work, the Contractor hereby waives all claims for damages, including all costs direct and indirect, and increased costs for labor and Materials and Equipment, incurred on account of any delay, hindrance or cause whatsoever, and the Contractor agrees that its sole right and remedy for any delay, hindrance or cause shall be that the Contractor shall be entitled to an extension of the Contract period, which is acknowledged to be adequate and full consideration to the Contractor for all delays, hindrances, or causesContract. 2.6.6 The Contractor acknowledges that the Project may be constructed on a Fast-Track basis if applicable,

DELAYS AND EXTENSIONS OF TIME. 2.6.1 The Contractor shall provide the requisite labor and sufficient Materials and Equipment to maintain the Project Schedule and in particular, that portion of the Project Schedule applicable to the Contractor's ’s Work. If the Contractor's ’s Work is delayed by reason of its or its Subcontractors' ’ or its Vendors’ acts, the Contractor shall, at the Owner’s RepresentativeOR’s direction, increase the number of workers, the number of shifts, the days of work and, to the extent permitted by law, institute overtime operations, all at the Contractor’s sole cost and expense, in order to regain any time loss and maintain the Project Schedule and the Overall Contract Schedule. All costs of all standby trades will be charged to the Contractor when such corrective measures are required. 2.6.2 The Contractor shall not cause any hindrance or delay to other contractors on the Project. In addition to and without in any way limiting the Contractor’s indemnification and other obligations under Part II, Article 8 of this Contract, the Contractor shall be solely responsible and shall indemnify and hold harmless the Owner, the City, all other Additional Insureds, and the Other Interested Parties, from all claims, including costs and reasonable attorneys’ fees, related to any and all damages sustained by any other contractor having or who shall hereafter have a contract with the Owner for the performance of work upon the Work Site or the Project due to any act or omission of the Contractor including, without limitation, costs incurred due to the Contractor’s failure to coordinate work with other contractors or due to delays caused to other contractors by the Contractor. The Contractor agrees to reimburse each such other contractor for all such damages. In addition to the foregoing, the Owner’s Representative OR and the Owner shall have the right, after three (3) days' ’ written Notice to the Contractor, to provide any such labor, additional labor, overtime labor and Materials and Equipment necessary to remedy such hindrance or delay to each such other contractor’s work, and the Owner may, in its sole discretion, in addition to any other remedy it may have under this Contract, or at law or equity, deduct the costs thereof from any moneys then due or thereafter to become due to the Contractor, or to require the Contractor to pay for such costs on demand. In the event the Owner intends to extend any such other contractor’s time to complete that contractor’s work due to delays caused by the Contractor, such extensions of time shall not be construed as a waiver of the Owner’s or the Owner’s RepresentativeOR’s right to be compensated by the Contractor for all damages, losses, costs and expenses, including attorneys' ’ fees and disbursements, resulting from such delay. 2.6.3 If the Contractor has been delayed and as a result will be unable to complete performance fully and satisfactorily within the time fixed therefor, the Contractor may be granted an extension of time fixed for performance equal to the period the Contractor was actually and necessarily delayed upon submission of evidence of the causes of the delay, subject to the written approval of the Owner in its sole discretion, provided that: 2.6.3.1 the Contractor has submitted a written claim to the Owner’s Representative OR and the Owner within three (3) working days after the commencement of the alleged cause of the delay, hindrance hindrance, or obstruction; 2.6.3.2 Contractor demonstrates that it did not in any way cause and could not have anticipated or avoided such delay, hindrance hindrance, or obstruction; 2.6.3.3 Contractor has used all available means to minimize the consequences thereof; and 2.6.3.4 the Owner and the Owner’s Representative OR determine that such an extension has been substantiated and is warranted under the circumstances. The decision of the DRB (as described in Part V.A, Article 25) as to the granting of the extension and its length shall be binding upon the Contractor.. EC;‌‌ 2.6.4 Subject to the Owner’s determination and approval, the Owner may extend the time or times for performance of the Work where such performance has been substantially obstructed, hindered or delayed by reason of one or more of the following limited circumstances: 2.6.4.1 acts of Force Majeure; 2.6.4.2 any act, neglect, delay or default of the Owner’s RepresentativeOR, the Owner, the Engineer RE, or Environmental Consultant;the 2.6.4.3 changes ordered in the Work not resulting from the actions, omissions omissions, or negligence of the Contractor; 2.6.4.4 rules, orders orders, or regulations of any Applicable Agency that affect the supply or availability of Materials and Equipment or labor; or 2.6.4.5 if Contractor is barred from access to the Work Site by individuals or entities not associated with the Owner or by court order. 2.6.5 The Contractor shall have no claim against the Owner or the Owner’s Representative OR for any loss or damage sustained by the Contractor nor for any extra compensation in the form of an increase in the Maximum Contract Price, or otherwise, through delay, hindrance, obstruction, disruption, suspension, stoppage, interruption or acceleration of the Contractor's ’s Work caused or directed by: 2.6.5.1 the Owner’s Representative Owner or the Owner OR in order to meet the Project Schedule, or to accommodate Fast-Tracking of the Project as described in greater detail in and subject to the provisions of Part II, Sections 2.7.1 and 2.7.2; 2.6.5.2 the circumstances set forth in Part II, Section 2.6.4; 2.6.5.3 any other foreseen or unforeseen reasons or circumstances; or 2.6.5.4 any other contractor. Subject to the provisions of Part II, Section 5.5 regarding Protest Work, the Contractor hereby waives all claims for damages, including all costs direct and indirect, and increased costs for labor and Materials and Equipment, incurred on account of any delay, hindrance or cause whatsoever, and the Contractor agrees that its sole right and remedy for any delay, hindrance or cause shall be that the Contractor shall be entitled to an extension of the Contract period, which is acknowledged to be adequate and full consideration to the Contractor for all delays, hindrances, or causes. 2.6.6 The Contractor acknowledges that the Project may be constructed on a Fast-Track basis if applicable,, represents that it has expertise in the Fast-Track method of construction and hereby agrees to waive any and all rights and remedies it may otherwise have at law or in equity for claiming extra compensation, an increase in the Maximum Contract Price, or damages of any kind by reason of schedule changes ordered in the progress of the Work or made in the Project Schedule or Overall Contract Schedule to accommodate construction of the Project on a Fast-Track basis. In furtherance of the foregoing, the Contractor shall furnish first class, professional and efficient Work and use its best efforts, skill and judgment to complete its Work in the best and soundest way and in the most expeditious and economical manner consistent with the interests of the Owner and consistent with Fast-Track construction, the Project Schedule, the Overall Contract Schedule and the Contract Documents. 2.6.7 Subject to the provisions of Part II, Sections 2.7.1 and 2.7.2 regarding “Overtime” and Part II, Section 5.5 regarding “Protest Work”, Contractor shall perform Work, as directed and as is customarily performed by the Contractor’s respective trade, at no additional cost so long as overtime work beyond originally planned is not required.

DELAYS AND EXTENSIONS OF TIME. 2.6.1 The 5.3.1 To the extent the performance by Contractor shall provide of any activity on the requisite labor and sufficient Materials and Equipment to maintain the Project Schedule and in particular, that portion critical path of the Project Construction Schedule applicable to the Contractor's Work. If the Contractor's Work is delayed by reason of, and only by reason of, an MSG Act, an event of Force Majeure or another event expressly identified in this Agreement as giving Contractor the right to seek an adjustment, then the Substantial Completion Date may be extended as provided in this Section 5.3; provided that in each instance the notice provisions and other conditions and requirements of this Section 5.3 are satisfied as a precondition to any entitlement of Contractor to the adjustments set forth herein. Any adjustment to the Substantial Completion Date shall be limited to the period of time that an activity on the critical path of the Construction Schedule is actually delayed by the MSG Act, the other events giving Contractor the right to seek an adjustment or the event of Force Majeure described in such notice. For periods of delay caused by reason of: 5.3.1.1 an MSG Act, Contractor shall be entitled, subject to the requirements of Article 6, to an adjustment to the Incentive Benchmark based upon any actual and proven increase in the Cost of the Work as a result of the MSG Act; 5.3.1.2 an event of Force Majeure, the provisions of Section 5.3.6 shall apply with respect to any cost recovery entitlement of Contractor; and 5.3.1.3 an event expressly identified in this Agreement as giving Contractor the right to recover additional cost in addition to an adjustment to the Substantial Completion Date, then the terms of the relevant provision shall apply, 5.3.1.4 provided, however, that any claim by Contractor for an adjustment to the Incentive Benchmark or for additional Cost of the Work shall be subject to audit by MSG and Contractor shall make all of its and its Subcontractors’ books and records available to MSG or its nominee for such audit, upon MSG’s request. 5.3.2 As a precondition to any entitlement to an adjustment to the Substantial Completion Date in accordance with this Section 5.3, Contractor shall use reasonable efforts: (x) to mitigate the effects and duration of, and costs arising from, any suspension or delay in the performance of its obligations under the Contract Documents; (y) to the extent reasonably possible, continue to perform its obligations under the Contract Documents; and (z) to the extent reasonably possible, remedy its inability to perform the Work or a portion thereof. 5.3.3 Contractor shall notify MSG and Project Manager in writing of any MSG Act for which it seeks an adjustment to the Substantial Completion Date no later than ten (10) Business Days after Contractor has knowledge of the event that caused the delay for which it seeks an adjustment, or reasonably should have had knowledge, in accordance with the Standard of Care, of the event that caused the delay for which it seeks an adjustment, whichever is sooner. 5.3.4 Within a further ten (10) Business Days of Contactor’s initial written notice of the MSG Act that caused the delay for which Contractor seeks an adjustment, Contractor shall provide a written estimate of the probable effect of such delay on the progress of the Work to the extent then known. 5.3.5 If Contractor is entitled to an adjustment to the Substantial Completion Date under this Section 5.3 due to an MSG Act or an event of Force Majeure, then the Substantial Completion Date shall be adjusted pursuant to a Change Order in accordance with Section 5.3.8 to the extent Contractor demonstrates using critical path analysis and the most recent monthly update of the Construction Schedule approved by MSG that the performance of the Work or the achievement of Substantial Completion, as applicable, will be delayed by such MSG Act or event of Force Majeure, despite Contractor’s notification of the event to MSG. 5.3.6 If Contractor experiences one or more events of Force Majeure, the following provisions shall apply: 5.3.6.1 Contractor shall give written notice of the occurrence of the event of Force Majeure to MSG and Project Manager within five (5) Business Days and shall take all steps required by this Agreement to protect the Work. 5.3.6.2 If MSG agrees that an event of Force Majeure has occurred then, within five (5) Business Days of receipt of such notice, Contractor and MSG shall meet and discuss whether, based on the probable magnitude and duration of the impact of the event of Force Majeure, the delay to the Work for that particular event of Force Majeure is likely to exceed sixty (60) Days. 5.3.6.3 If the impact of the event of Force Majeure is likely to continue for sixty (60) Days, MSG may direct Contractor and its Subcontractors to demobilize from the Site and MSG shall pay [*****] of the reasonable and actual costs of demobilization of Contractor and its Subcontractors. Contractor shall be responsible for the other [*****] of such costs. 5.3.6.4 Subject to Section 5.3.6.5, if, after the cessation of the impact of the event of Force Majeure, MSG directs Contractor to remobilize, MSG shall pay [*****] of the reasonable and actual costs of remobilization of Contractor and its Subcontractors. Contractor shall be responsible for the other [*****] of such costs. 5.3.6.5 If the impacts of the event of Force Majeure continue for longer than the ninety (90) consecutive Days, MSG may terminate this Agreement for its convenience in accordance with Section 18.6.1 hereof and shall owe no further amounts to Contractor or its Subcontractors' , other than amounts described in Section 18.6.2 hereof. 5.3.7 Notwithstanding any other provision of the Contract Documents to the contrary, Contractor shall not be entitled to an increase in the Incentive Benchmark, or its Vendors’ acts, to recover as a Cost of the Contractor shall, at the Owner’s Representative’s direction, increase the number of workers, the number of shifts, the days of work andWork, to the extent permitted by law, institute overtime operations, all at that an MSG Act or event of Force Majeure occurs concurrently with a delay attributable to Contractor; or on account of the Contractor’s sole cost and expense, in order to regain delay of any time loss and maintain Work not on the Project Schedule and the Overall Contract Schedule. All costs of all standby trades will be charged to the Contractor when such corrective measures are requiredcritical path. 2.6.2 5.3.8 The Contractor shall not cause any hindrance or delay requirements set forth in this Section 5.3 are express conditions precedent to other contractors on the Project. In addition to and without in any way limiting the Contractor’s indemnification and other obligations under Article 8 of this Contract, the Contractor shall be solely responsible and shall indemnify and hold harmless the Owner, the City, all other Additional Insureds, and the Other Interested Parties, from all claims, including costs and reasonable attorneys’ fees, related to any and all damages sustained by any other contractor having or who shall hereafter have a contract with the Owner for the performance of work upon the Work Site or the Project due to any act or omission of the Contractor including, without limitation, costs incurred due to the Contractor’s failure to coordinate work with other contractors or due to delays caused to other contractors by the Contractor. The Contractor agrees to reimburse each such other contractor for all such damages. In addition to the foregoing, the Owner’s Representative and the Owner shall have the right, after three (3) days' written Notice to the Contractor, to provide any such labor, additional labor, overtime labor and Materials and Equipment necessary to remedy such hindrance or delay to each such other contractor’s work, and the Owner may, in its sole discretion, in addition to any other remedy it may have under this Contract, or at law or equity, deduct the costs thereof from any moneys then due or thereafter to become due to the Contractor, or to require the Contractor to pay for such costs on demand. In the event the Owner intends to extend any such other contractor’s time to complete that contractor’s work due to delays caused by the Contractor, such extensions of time shall not be construed as a waiver of the Owner’s or the Owner’s Representative’s right to be compensated by the Contractor pursue a claim for all damages, losses, costs and expenses, including attorneys' fees and disbursements, resulting from such delay. 2.6.3 If the Contractor has been delayed and as a result will be unable to complete performance fully and satisfactorily within the time fixed therefor, the Contractor may be granted an extension of time fixed for performance equal adjustment to the period the Contractor was actually and necessarily delayed upon submission of evidence of the causes of the delay, subject Substantial Completion Date or additional cost. Any adjustment to the written approval of the Owner in its sole discretion, provided that: 2.6.3.1 the Contractor has submitted a written claim to the Owner’s Representative and the Owner within three (3) working days after the commencement of the alleged cause of the delay, hindrance or obstruction; 2.6.3.2 Contractor demonstrates that it did not in any way cause and could not have anticipated or avoided such delay, hindrance or obstruction; 2.6.3.3 Contractor has used all available means to minimize the consequences thereof; and 2.6.3.4 the Owner and the Owner’s Representative determine that such an extension has been substantiated and is warranted under the circumstances. The decision of the DRB as to the granting of the extension and its length Construction Schedule shall be binding upon the Contractor. 2.6.4 Subject to the Owner’s determination and approval, the Owner may extend the time or times for performance of the Work where such performance has been substantially obstructed, hindered or delayed by reason of one or more of the following limited circumstances: 2.6.4.1 acts of Force Majeure; 2.6.4.2 any act, neglect, delay or default of the Owner’s Representative, the Owner, the Engineer or Environmental Consultant; 2.6.4.3 changes ordered in the Work not resulting from the actions, omissions or negligence of the Contractor; 2.6.4.4 rules, orders or regulations of any Applicable Agency that affect the supply or availability of Materials and Equipment or labor; or 2.6.4.5 if Contractor is barred from access to the Work Site by individuals or entities not associated with the Owner or by court order. 2.6.5 The Contractor shall have no claim against the Owner or the Owner’s Representative for any loss or damage sustained by the Contractor nor for any extra compensation in the form of an increase in the Maximum Contract Price, or otherwise, through delay, hindrance, obstruction, disruption, suspension, stoppage, interruption or acceleration of the Contractor's Work caused or directed by: 2.6.5.1 the Owner’s Representative or the Owner in order to meet the Project Schedule, or to accommodate Fast-Tracking of the Project as described in greater detail in and subject to the provisions of Sections 2.7.1 and 2.7.2; 2.6.5.2 the circumstances set forth in Section 2.6.4; 2.6.5.3 any other foreseen or unforeseen reasons or circumstances; or 2.6.5.4 any other contractor. Subject to the provisions of Section 5.5 regarding Protest Work, the Contractor hereby waives all claims for damages, including all costs direct a Change Order executed by MSG and indirect, and increased costs for labor and Materials and Equipment, incurred on account of any delay, hindrance or cause whatsoever, and the Contractor agrees that its sole right and remedy for any delay, hindrance or cause shall be that the Contractor shall be entitled to an extension of the Contract period, which is acknowledged to be adequate and full consideration to the Contractor for all delays, hindrances, or causesContractor. 2.6.6 The Contractor acknowledges that the Project may be constructed on a Fast-Track basis if applicable,

DELAYS AND EXTENSIONS OF TIME. 2.6.1 The ‌ 8.4.1 If Contractor shall provide be delayed by (i) the requisite labor and sufficient Materials and Equipment combined action of workmen (either those employed on the Work or in any industry essential to maintain the Project Schedule and in particular, that portion conduct of the Project Schedule applicable to Work) in no way caused by or resulting from default or collusion on the part of Contractor's Work. If the Contractor's Work is delayed by reason ; (ii) any Act of its God, war, act of terrorism, riot, epidemic or its Subcontractors' or its Vendors’ actspandemic, explosion, sabotage, embargo, fire, unavoidable casualties, unusual delay in transportation, national emergency, unusually severe and adverse weather conditions, the binding order of any court or governmental authority; or (iii) by any other causes which Contractor shallcould not reasonably control or circumvent, at and if such delay affects the Owner’s Representative’s directioncritical path activity as set forth in the CPM Schedule, increase and if such delay affects any Key Completion Time, then any such affected Key Completion Time shall be adjusted as determined by the number Contracting Officer but the total extension of workers, any Key Completion Time shall not exceed the number length of shifts, the days delay. 8.4.2 An adjustment to any Key Completion Time or an extension of work and, to the extent permitted by law, institute overtime operations, all at the Contract Time shall be Contractor’s sole cost and expenseremedy for any delay. Owner’s exercise of any of its rights under the Contract Documents, in order to regain any time loss and maintain including requirement of correction or re-execution of the Project Schedule and Work, regardless of the Overall Contract Schedule. All costs extent, number, or frequency of all standby trades will be charged to the Contractor when Owner’s exercise of such corrective measures are required. 2.6.2 The Contractor rights or remedies, shall not cause under any hindrance or circumstances be construed to as providing grounds for Contractor to seek damages for delay to other contractors on of the Project. In addition no event shall Contractor be entitled to and any compensation or recovery of any damages in connection with any delay, including, without in any way limiting the Contractor’s indemnification and limitation, consequential damages, lost opportunity costs, impact damages or other obligations under Article 8 of this Contract, the similar remuneration. Contractor shall be solely responsible waives and shall indemnify and hold harmless the Owner, the City, all other Additional Insureds, and the Other Interested Parties, from all claims, including costs and reasonable attorneys’ fees, related to not assert any and all damages sustained by any other contractor having or who shall hereafter have a contract with the claims against Owner for the performance any damages, costs, losses or expenses of work upon the Work Site any nature whatsoever which Contractor, any Subcontractor or Sub-Subcontractor may incur as a result of any delays, interferences, suspensions, rescheduling, changes in sequences, congestion, disruptions, or the Project due to like arising from, out of or in connection with any act or omission of the Contractor includingOwner, without limitationits representatives or agents, costs incurred due to the and Contractor’s failure to coordinate work with other contractors or due to delays caused to other contractors by the Contractor. The Contractor agrees to reimburse each sole remedy in such other contractor for all such damages. In addition to the foregoing, the Owner’s Representative and the Owner event shall have the right, after three (3) days' written Notice to the Contractor, to provide any such labor, additional labor, overtime labor and Materials and Equipment necessary to remedy such hindrance or delay to each such other contractor’s work, and the Owner may, in its sole discretion, in addition be an adjustment to any other remedy it may have under this Contract, Key Completion Time or at law or equity, deduct the costs thereof from any moneys then due or thereafter to become due to the Contractor, or to require the Contractor to pay for such costs on demand. In the event the Owner intends to extend any such other contractor’s time to complete that contractor’s work due to delays caused by the Contractor, such extensions of time shall not be construed as a waiver of the Owner’s or the Owner’s Representative’s right to be compensated by the Contractor for all damages, losses, costs and expenses, including attorneys' fees and disbursements, resulting from such delay. 2.6.3 If the Contractor has been delayed and as a result will be unable to complete performance fully and satisfactorily within the time fixed therefor, the Contractor may be granted an extension of time fixed for performance equal to the period the Contractor was actually and necessarily delayed upon submission of evidence of the causes of the delay, subject to the written approval of the Owner in its sole discretion, provided that: 2.6.3.1 the Contractor has submitted a written claim to the Owner’s Representative and the Owner within three (3) working days after the commencement of the alleged cause of the delay, hindrance or obstruction; 2.6.3.2 Contractor demonstrates that it did not in any way cause and could not have anticipated or avoided such delay, hindrance or obstruction; 2.6.3.3 Contractor has used all available means to minimize the consequences thereof; and 2.6.3.4 the Owner and the Owner’s Representative determine that such an extension has been substantiated and is warranted under the circumstances. The decision of the DRB as to the granting of the extension and its length shall be binding upon the Contractor. 2.6.4 Subject to the Owner’s determination and approval, the Owner may extend the time or times for performance of the Work where such performance has been substantially obstructed, hindered or delayed by reason of one or more of the following limited circumstances: 2.6.4.1 acts of Force Majeure; 2.6.4.2 any act, neglect, delay or default of the Owner’s Representative, the Owner, the Engineer or Environmental Consultant; 2.6.4.3 changes ordered in the Work not resulting from the actions, omissions or negligence of the Contractor; 2.6.4.4 rules, orders or regulations of any Applicable Agency that affect the supply or availability of Materials and Equipment or labor; or 2.6.4.5 if Contractor is barred from access to the Work Site by individuals or entities not associated with the Owner or by court order. 2.6.5 The Contractor shall have no claim against the Owner or the Owner’s Representative for any loss or damage sustained by the Contractor nor for any extra compensation in the form of an increase in the Maximum Contract Price, or otherwise, through delay, hindrance, obstruction, disruption, suspension, stoppage, interruption or acceleration of the Contractor's Work caused or directed by: 2.6.5.1 the Owner’s Representative or the Owner in order to meet the Project Schedule, or to accommodate Fast-Tracking of the Project as described in greater detail in and subject to the provisions of Sections 2.7.1 and 2.7.2; 2.6.5.2 the circumstances set forth in Section 2.6.4; 2.6.5.3 any other foreseen or unforeseen reasons or circumstances; or 2.6.5.4 any other contractor. Subject to the provisions of Section 5.5 regarding Protest Work, the Contractor hereby waives all claims for damages, including all costs direct and indirect, and increased costs for labor and Materials and Equipment, incurred on account of any delay, hindrance or cause whatsoever, and the Contractor agrees that its sole right and remedy for any delay, hindrance or cause shall be that the Contractor shall be entitled to an extension of the Contract period, which is acknowledged to be adequate and full consideration to the Contractor for all delays, hindrances, or causesTime. 2.6.6 The Contractor acknowledges that the Project may be constructed on a Fast-Track basis if applicable,

DELAYS AND EXTENSIONS OF TIME. 2.6.1 The Contractor shall provide the requisite labor and sufficient Materials and Equipment to maintain the Project Schedule and in particular, that portion of the Project Schedule applicable to the Contractor's Work. If the Contractor's Work is delayed by reason of its or its Subcontractors' or its Vendors’ acts, the Contractor shall, at the Owner’s Representative’s direction, increase the number of workers, the number of shifts, the days of work and, to the extent permitted by law, institute overtime operations, all at the Contractor’s sole cost and expense, in order to regain any time loss and maintain the Project Schedule and the Overall Contract Schedule. All costs of all standby trades will be charged to the Contractor when such corrective measures are required. 2.6.2 The Contractor shall not cause any hindrance or delay to other contractors on the Project. In addition to and without in any way limiting the Contractor’s indemnification and other obligations under Article 8 of this Contract, the Contractor shall be solely responsible and shall indemnify and hold harmless the Owner, the City, all other Additional Insureds, and the Other Interested Parties, from all claims, including costs and reasonable attorneys’ fees, related to any and all damages sustained by any other contractor having or who shall hereafter have a contract with the Owner for the performance of work upon the Work Site or the Project due to any act or omission of the Contractor including, without limitation, costs incurred due to the Contractor’s failure to coordinate work with other contractors or due to delays caused to other contractors by the Contractor. The Contractor agrees to reimburse each such other contractor for all such damages. In addition to the foregoing, the Owner’s Representative and the Owner shall have the right, after three (3) days' written Notice to the Contractor, to provide any such labor, additional labor, overtime labor and Materials and Equipment necessary to remedy such hindrance or delay to each such other contractor’s work, and the Owner may, in its sole discretion, in addition to any other remedy it may have under this Contract, or at law or equity, deduct the costs thereof from any moneys then due or thereafter to become due to the Contractor, or to require the Contractor to pay for such costs on demand. In the event the Owner intends to extend any such other contractor’s time to complete that contractor’s work due to delays caused by the Contractor, such extensions of time shall not be construed as a waiver of the Owner’s or the Owner’s Representative’s right to be compensated by the Contractor for all damages, losses, costs and expenses, including attorneys' fees and disbursements, resulting from such delay. 2.6.3 If the Contractor has been delayed and as a result will be unable to complete performance fully and satisfactorily within the time fixed therefor, the Contractor may be granted an extension of time fixed for performance equal to the period the Contractor was actually and necessarily delayed upon submission of evidence of the causes of the delay, subject to the written approval of the Owner in its sole discretion, provided that: 2.6.3.1 the Contractor has submitted a written claim to the Owner’s Representative and the Owner within three (3) working days after the commencement of the alleged cause of the delay, hindrance or obstruction; 2.6.3.2 Contractor demonstrates that it did not in any way cause and could not have anticipated or avoided such delay, hindrance or obstruction; 2.6.3.3 Contractor has used all available means to minimize the consequences thereof; and 2.6.3.4 the Owner and the Owner’s Representative determine that such an extension has been substantiated and is warranted under the circumstances. The decision of the DRB as to the granting of the extension and its length shall be binding upon the Contractor. 2.6.4 Subject to the Owner’s determination and approval, the Owner may extend the time or times for performance of the Work where such performance has been substantially obstructed, hindered or delayed by reason of one or more of the following limited circumstances: 2.6.4.1 acts of Force Majeure; 2.6.4.2 any act, neglect, delay or default of the Owner’s Representative, the Owner, the Engineer or Environmental Consultant; 2.6.4.3 changes ordered in the Work not resulting from the actions, omissions or negligence of the Contractor; 2.6.4.4 rules, orders or regulations of any Applicable Agency that affect the supply or availability of Materials and Equipment or labor; or 2.6.4.5 if Contractor is barred from access to the Work Site by individuals or entities not associated with the Owner or by court order. 2.6.5 The Contractor shall have no claim against the Owner or the Owner’s Representative for any loss or damage sustained by the Contractor nor for any extra compensation in the form of an increase in the Maximum Contract Price, or otherwise, through delay, hindrance, obstruction, disruption, suspension, stoppage, interruption or acceleration of the Contractor's Work caused or directed by: 2.6.5.1 the Owner’s Representative or the Owner in order to meet the Project Schedule, or to accommodate Fast-Tracking of the Project as described in greater detail in and subject to the provisions of Sections 2.7.1 and 2.7.2; 2.6.5.2 the circumstances set forth in Section 2.6.4; 2.6.5.3 any other foreseen or unforeseen reasons or circumstances; or 2.6.5.4 any other contractor. Subject to the provisions of Section 5.5 regarding Protest Work, the Contractor hereby waives all claims for damages, including all costs direct and indirect, and increased costs for labor and Materials and Equipment, incurred on account of any delay, hindrance or cause whatsoever, and the Contractor agrees that its sole right and remedy for any delay, hindrance or cause shall be that the Contractor shall be entitled to an extension of the Contract period, which is acknowledged to be adequate and full consideration to the Contractor for all delays, hindrances, or causes. 2.6.6 The Contractor acknowledges that the Project may be constructed on a Fast-Fast- Track basis if applicable,, represents that it has expertise in the Fast-Track method of construction and hereby agrees to waive any and all rights and remedies it may otherwise have at law or in equity for claiming extra compensation, an increase in the Maximum Contract Price, or damages of any kind by reason of schedule changes ordered in the progress of the Work or made in the Project Schedule or Overall Contract Schedule to accommodate construction of the Project on a Fast-Track basis. In furtherance of the foregoing, the Contractor shall furnish first class, professional and efficient Work and use its best efforts, skill and judgment to complete its Work in the best and soundest way and in the most expeditious and economical manner consistent with the interests of the Owner and consistent with Fast-Track construction, the Project Schedule, the Overall Contract Schedule and the Contract Documents. 2.6.7 Subject to the provisions of Sections 2.7.1 and 2.7.2 regarding “Overtime” and Section 5.5 regarding “Protest Work”, Contractor shall perform Work, as directed and as is customarily performed by the Contractor's respective trade, at no additional cost so long as overtime work beyond originally planned is not required. 2.6.8 Contractor shall perform punch-list work only at times as, in the judgment of the Owner’s Representative and the Owner, will not unreasonably interfere with the activities of any other contractors, entities or individuals at the Site.

DELAYS AND EXTENSIONS OF TIME. 2.6.1 The Contractor shall provide 7.3.1 Except as otherwise specifically provided hereinafter and under Paragraph 12.1 (Changes in the requisite labor and sufficient Materials and Equipment to maintain the Project Schedule and in particular, that portion of the Project Schedule applicable to the Contractor's Work. If the Contractor's Work is delayed by reason of its or its Subcontractors' or its Vendors’ acts), the Contractor shallshall not be entitled to an increase in the Contract Sum or payment or compensation of any kind from the Owner for direct, at the Owner’s Representative’s directionindirect, increase the number of workersconsequential, the number of shiftsimpact or other costs expenses or damages, the days of work and, including but not limited to the extent permitted by law, institute overtime operations, all at the Contractor’s sole cost and expense, in order to regain any time loss and maintain the Project Schedule and the Overall Contract Schedule. All costs of all standby trades will acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be charged to reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Contractor when such corrective measures are required. 2.6.2 The Contractor shall not cause any hindrance for hindrances or delay delays due solely to other contractors fraud or bad faith on the Projectpart of the Owner or its agents. In addition to and without in any way limiting the Contractor’s indemnification and other obligations under Article 8 of this ContractOtherwise, the Contractor shall be solely responsible entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided in the Contract Documents. 7.3.2 The Contract Time shall indemnify and hold harmless the Owner, the City, all other Additional Insureds, and the Other Interested Parties, from all claims, including costs and reasonable attorneys’ fees, related to any and all damages sustained by any other contractor having or who shall hereafter have a contract with the Owner be adjusted only as appropriate for the performance of work upon Changes in the Work Site or the Project due (pursuant to any act or omission Paragraph 12.1), Concealed Conditions entitling contractor to such adjustment (pursuant to Paragraph 12.2), Suspension of the Contractor includingWork (pursuant to Paragraph 19.2), without limitation, costs incurred due Stopping of Work (pursuant to the Contractor’s failure Paragraph 16.1),and excusable delays (pursuant to coordinate work with Subparagraph 7.3.4 ) and for no other contractors or due to delays caused to other contractors by the Contractor. The Contractor agrees to reimburse each such other contractor for all such damages. In addition to the foregoing, the Owner’s Representative and the Owner shall have the right, after three (3) days' written Notice to the Contractor, to provide any such labor, additional labor, overtime labor and Materials and Equipment necessary to remedy such hindrance or delay to each such other contractor’s work, and the Owner may, in its sole discretion, in addition to any other remedy it may have under this Contract, or at law or equity, deduct the costs thereof from any moneys then due or thereafter to become due to the Contractor, or to require the Contractor to pay for such costs on demandreason. In the event the Owner intends Contractor requests an extension of the Contract Time based upon a particular occurrence, he shall furnish such justification and supporting evidence as the Architect may deem necessary for a determination as to extend any such other contractor’s time whether and to complete that contractor’s work due what extent the Contractor is entitled to delays caused by the Contractor, such extensions an extension of time under the provisions of the Contract. After receipt of such justification and supporting evidence as is timely submitted, the Architect shall make a determination extending the Contract Time only to the extent that such occurrence shall actually have caused extension of the Project duration. The Contractor acknowledges and agrees that actual delays in activities which according to the Construction Schedule, do not affect activities critical to completion within the Contract Time will not be construed as a waiver the basis for an extension of the Owner’s or Contract Time. 7.3.3 If the Owner’s Representative’s right to be compensated by Architect finds that the Contractor for all damagesis entitled to any extension of the Contract Time, losses, costs he shall advise the Contractor and expenses, including attorneys' fees Owner in writing thereof. Appropriate adjustment reflecting such increase in the Contract Time and disbursements, resulting from such delayany resultant changes in activities affected shall then be made to the Construction Schedule. A change Order shall be then duly issued under Article 12 effectuating these adjustments and extending the Contract Time. 2.6.3 If 7.3.4 Subject to other provisions of the Contractor has been delayed and as a result will be unable to complete performance fully and satisfactorily within the time fixed thereforContract Documents, the Contractor may be granted an extension of time fixed for performance equal to the period the Contractor was actually and necessarily delayed upon submission of evidence of the causes of the delay, subject to the written approval of the Owner in its sole discretion, provided that: 2.6.3.1 the Contractor has submitted a written claim to the Owner’s Representative and the Owner within three (3) working days after the commencement of the alleged cause of the delay, hindrance or obstruction; 2.6.3.2 Contractor demonstrates that it did not in any way cause and could not have anticipated or avoided such delay, hindrance or obstruction; 2.6.3.3 Contractor has used all available means to minimize the consequences thereof; and 2.6.3.4 the Owner and the Owner’s Representative determine that such an extension has been substantiated and is warranted under the circumstances. The decision of the DRB as to the granting of the extension and its length shall be binding upon the Contractor. 2.6.4 Subject to the Owner’s determination and approval, the Owner may extend the time or times for performance of the Work where such performance has been substantially obstructed, hindered or delayed by reason of one or more of the following limited circumstances: 2.6.4.1 acts of Force Majeure; 2.6.4.2 any act, neglect, delay or default of the Owner’s Representative, the Owner, the Engineer or Environmental Consultant; 2.6.4.3 changes ordered in the Work not resulting from the actions, omissions or negligence of the Contractor; 2.6.4.4 rules, orders or regulations of any Applicable Agency that affect the supply or availability of Materials and Equipment or labor; or 2.6.4.5 if Contractor is barred from access to the Work Site by individuals or entities not associated with the Owner or by court order. 2.6.5 The Contractor shall have no claim against the Owner or the Owner’s Representative for any loss or damage sustained by the Contractor nor for any extra compensation in the form of an increase in the Maximum Contract Price, or otherwise, through delay, hindrance, obstruction, disruption, suspension, stoppage, interruption or acceleration of the Contractor's Work caused or directed by: 2.6.5.1 the Owner’s Representative or the Owner in order to meet the Project Schedule, or to accommodate Fast-Tracking of the Project as described in greater detail in and subject to the provisions of Sections 2.7.1 and 2.7.2; 2.6.5.2 the circumstances set forth in Section 2.6.4; 2.6.5.3 any other foreseen or unforeseen reasons or circumstances; or 2.6.5.4 any other contractor. Subject to the provisions of Section 5.5 regarding Protest Work, the Contractor hereby waives all claims for damages, including all costs direct and indirect, and increased costs for labor and Materials and Equipment, incurred on account of any delay, hindrance or cause whatsoever, and the Contractor agrees that its sole right and remedy for any delay, hindrance or cause shall be that the Contractor shall be entitled to an extension of the Contract periodTime (but no increase in the Contract Sum) for delays arising from the following unforeseeable causes but only to the extent that they were beyond the control and without the fault or negligence of the Contractor or his Subcontractors or suppliers as follows: (a) Labor disputes and strikes including those affecting transportation. (b) Acts of God, such as tornado, fire, hurricane, blizzard, earthquake, typhoon or flood or similar unavoidable casualties that cause damage to completed Work or stored materials or otherwise cause delay. (c) Abnormal adverse weather not reasonably anticipatable; however, the Contract Time will not be extended due to normal seasonal weather variations. (d) Acts of the Public enemy, and unanticipated acts of the state, federal or local government in its sovereign capacity. (e) Acts of another separate contractor in the performance of a contract with the Owner relating to the Project. (f) Any act or neglect of the Owner or the Architect or any of their agents or employees. 7.3.5 No extension of Contract Time shall be granted if, in the exercise of reasonable prudence, Contractor, or anyone for whom the Contractor is responsible, could have avoided the delay in the progress of the Work. Delays otherwise allowable shall be reduced by the amount of time that Contractor or anyone for whom the Contractor is responsible, in the exercise of reasonable prudence, could have avoided, reduced or made up such delays in the course of the performance of subsequent portions of the Work, provided that Contractor shall not be obligated to incur additional cost to make up excusable delays. In the case of impending delay resulting from any act or neglect of the Owner or Architect, which is acknowledged was or should reasonably have been foreseen by Contractor, such prudence shall include prompt notice thereof to be adequate Owner and full consideration to the Contractor for all delays, hindrances, or causesArchitect. 2.6.6 The Contractor acknowledges that 7.3.6 Other than pursuant to Paragraph 12.1, no claims for extension of Contract Time for delay, disruption, interference or hindrance of the Project may Work hereunder or any portion thereof shall be constructed on valid unless a Fast-Track basis if applicable,notice of claim is filed with the Owner and the Architect within ten (10) days of the first instance of such delay, disruption, interference or hindrance and, in addition, unless a written statement of the claim as hereinafter described is filed with the Owner and the Architect within

DELAYS AND EXTENSIONS OF TIME. 2.6.1 The Contractor shall provide the requisite labor and sufficient Materials and Equipment to maintain the Project Schedule and in particular, that portion of the Project Schedule applicable to the Contractor's ’s Work. If the Contractor's ’s Work is delayed by reason of its or its Subcontractors' ’ or its Vendors’ acts, the Contractor shall, at the Owner’s RepresentativeOR’s direction, increase the number of workers, the number of shifts, the days of work and, to the extent permitted by law, institute overtime operations, all at the Contractor’s sole cost and expense, in order to regain any time loss and maintain the Project Schedule and the Overall Contract Schedule. All costs of all standby trades will be charged to the Contractor when such corrective measures are required. 2.6.2 The Contractor shall not cause any hindrance or delay to other contractors on the Project. In addition to and without in any way limiting the Contractor’s indemnification and other obligations under Part II, Article 8 of this Contract, the Contractor shall be solely responsible and shall indemnify and hold harmless the Owner, the City, all other Additional Insureds, and the Other Interested Parties, from all claims, including costs and reasonable attorneys’ fees, related to any and all damages sustained by any other contractor having or who shall hereafter have a contract with the Owner for the performance of work upon the Work Site or the Project due to any act or omission of the Contractor including, without limitation, costs incurred due to the Contractor’s failure to coordinate work with other contractors or due to delays caused to other contractors by the Contractor. The Contractor agrees to reimburse each such other contractor for all such damages. In addition to the foregoing, the Owner’s Representative OR and the Owner shall have the right, after three (3) days' ’ written Notice to the Contractor, to provide any such labor, additional labor, overtime labor and Materials and Equipment necessary to remedy such hindrance or delay to each such other contractor’s work, and the Owner may, in its sole discretion, in addition to any other remedy it may have under this Contract, or at law or equity, deduct the costs thereof from any moneys then due or thereafter to become due to the Contractor, or to require the Contractor to pay for such costs on demand. In the event the Owner intends to extend any such other contractor’s time to complete that contractor’s work due to delays caused by the Contractor, such extensions of time shall not be construed as a waiver of the Owner’s or the Owner’s RepresentativeOR’s right to be compensated by the Contractor for all damages, losses, costs and expenses, including attorneys' ’ fees and disbursements, resulting from such delay. 2.6.3 If the Contractor has been delayed and as a result will be unable to complete performance fully and satisfactorily within the time fixed therefor, the Contractor may be granted an extension of time fixed for performance equal to the period the Contractor was actually and necessarily delayed upon submission of evidence of the causes of the delay, subject to the written approval of the Owner in its sole discretion, provided that: 2.6.3.1 the Contractor has submitted a written claim to the Owner’s Representative OR and the Owner within three (3) working days after the commencement of the alleged cause of the delay, hindrance hindrance, or obstruction; 2.6.3.2 Contractor demonstrates that it did not in any way cause and could not have anticipated or avoided such delay, hindrance hindrance, or obstruction; 2.6.3.3 Contractor has used all available means to minimize the consequences thereof; and 2.6.3.4 the Owner and the Owner’s Representative OR determine that such an extension has been substantiated and is warranted under the circumstances. The decision of the DRB (as described in Part V.A, Article 25) as to the granting of the extension and its length shall be binding upon the Contractor.. EC; 2.6.4 Subject to the Owner’s determination and approval, the Owner may extend the time or times for performance of the Work where such performance has been substantially obstructed, hindered or delayed by reason of one or more of the following limited circumstances: 2.6.4.1 acts of Force Majeure; 2.6.4.2 any act, neglect, delay or default of the Owner’s RepresentativeOR, the Owner, the Engineer RE, or Environmental Consultant;the 2.6.4.3 changes ordered in the Work not resulting from the actions, omissions omissions, or negligence of the Contractor; 2.6.4.4 rules, orders orders, or regulations of any Applicable Agency that affect the supply or availability of Materials and Equipment or labor; or 2.6.4.5 if Contractor is barred from access to the Work Site by individuals or entities not associated with the Owner or by court order. 2.6.5 The Contractor shall have no claim against the Owner or the Owner’s Representative OR for any loss or damage sustained by the Contractor nor for any extra compensation in the form of an increase in the Maximum Contract Price, or otherwise, through delay, hindrance, obstruction, disruption, suspension, stoppage, interruption or acceleration of the Contractor's ’s Work caused or directed by: 2.6.5.1 the Owner’s Representative Owner or the Owner OR in order to meet the Project Schedule, or to accommodate Fast-Tracking of the Project as described in greater detail in and subject to the provisions of Part II, Sections 2.7.1 and 2.7.2; 2.6.5.2 the circumstances set forth in Part II, Section 2.6.4; 2.6.5.3 any other foreseen or unforeseen reasons or circumstances; or 2.6.5.4 any other contractor. Subject to the provisions of Part II, Section 5.5 regarding Protest Work, the Contractor hereby waives all claims for damages, including all costs direct and indirect, and increased costs for labor and Materials and Equipment, incurred on account of any delay, hindrance or cause whatsoever, and the Contractor agrees that its sole right and remedy for any delay, hindrance or cause shall be that the Contractor shall be entitled to an extension of the Contract period, which is acknowledged to be adequate and full consideration to the Contractor for all delays, hindrances, or causes. 2.6.6 The Contractor acknowledges that the Project may be constructed on a Fast-Track basis if applicable,, represents that it has expertise in the Fast-Track method of construction and hereby agrees to waive any and all rights and remedies it may otherwise have at law or in equity for claiming extra compensation, an increase in the Maximum Contract Price, or damages of any kind by reason of schedule changes ordered in the progress of the Work or made in the Project Schedule or Overall Contract Schedule to accommodate construction of the Project on a Fast-Track basis. In furtherance of the foregoing, the Contractor shall furnish first class, professional and efficient Work and use its best efforts, skill and judgment to complete its Work in the best and soundest way and in the most expeditious and economical manner consistent with the interests of the Owner and consistent with Fast-Track construction, the Project Schedule, the Overall Contract Schedule and the Contract Documents. 2.6.7 Subject to the provisions of Part II, Sections 2.7.1 and 2.7.2 regarding “Overtime” and Part II, Section 5.5 regarding “Protest Work”, Contractor shall perform Work, as directed and as is customarily performed by the Contractor’s respective trade, at no additional cost so long as overtime work beyond originally planned is not required.

DELAYS AND EXTENSIONS OF TIME. 2.6.1 The Contractor shall provide the requisite labor and sufficient Materials and Equipment to maintain the Project Schedule and in particular, that portion of the Project Schedule applicable to the Contractor's Work. If the Contractor's Work is delayed by reason of its or its Subcontractors' or its Vendors’ acts, the Contractor shall, at the Owner’s Representative’s direction, increase the number of workers, the number of shifts, the days of work and, to the extent permitted by law, institute overtime operations, all at the Contractor’s sole cost and expense, in order to regain any time loss and maintain the Project Schedule and the Overall Contract Schedule. All costs of all standby trades will be charged to the Contractor when such corrective measures are required. 2.6.2 The Contractor shall not cause any hindrance or delay to other contractors on the Project. In addition to and without in any way limiting the Contractor’s indemnification and other obligations under Article 8 of this Contract, the Contractor shall be solely responsible and shall indemnify and hold harmless the Owner, the City, all other Additional Insureds, and the Other Interested Parties, from all claims, including costs and reasonable attorneys’ fees, related to any and all damages sustained by any other contractor having or who shall hereafter have a contract with the Owner for the performance of work upon the Work Site or the Project due to any act or omission of the Contractor including, without limitation, costs incurred due to the Contractor’s failure to coordinate work with other contractors or due to delays caused to other contractors by the Contractor. The Contractor agrees to reimburse each such other contractor for all such damages. In addition to the foregoing, the Owner’s Representative and the Owner shall have the right, after three (3) days' written Notice to the Contractor, to provide any such labor, additional labor, overtime labor and Materials and Equipment necessary to remedy such hindrance or delay to each such other contractor’s work, and the Owner may, in its sole discretion, in addition to any other remedy it may have under this Contract, or at law or equity, deduct the costs thereof from any moneys then due or thereafter to become due to the Contractor, or to require the Contractor to pay for such costs on demand. In the event the Owner intends to extend any such other contractor’s time to complete that contractor’s work due to delays caused by the Contractor, such extensions of time shall not be construed as a waiver of the Owner’s Owner 's or the Owner’s Representative’s right to be compensated by the Contractor for all damages, losses, costs and expenses, including attorneys' fees and disbursements, resulting from such delay. 2.6.3 If the Contractor has been delayed and as a result will be unable to complete performance fully and satisfactorily within the time fixed therefor, the Contractor may be granted an extension of time fixed for performance equal to the period the Contractor was actually and necessarily delayed upon submission of evidence of the causes of the delay, subject to the written approval of the Owner in its sole discretion, provided that: 2.6.3.1 the Contractor has submitted a written claim to the Owner’s Representative and the Owner within three (3) working days after the commencement of the alleged cause of the delay, hindrance or obstruction; 2.6.3.2 Contractor demonstrates that it did not in any way cause and could not have anticipated or avoided such delay, hindrance or obstruction; 2.6.3.3 Contractor has used all available means to minimize the consequences thereof; and 2.6.3.4 the Owner and the Owner’s Representative determine that such an extension has been substantiated and is warranted under the circumstances. The decision of the DRB as to the granting of the extension and its length shall be binding upon the Contractor. 2.6.4 Subject to the Owner’s determination and approval, the Owner may extend the time or times for performance of the Work where such performance has been substantially obstructed, hindered or delayed by reason of one or more of the following limited circumstances: 2.6.4.1 acts of Force Majeure; 2.6.4.2 any act, neglect, delay or default of the Owner’s Representative, the Owner, the Engineer or Environmental Consultant; 2.6.4.3 changes ordered in the Work not resulting from the actions, omissions or negligence of the Contractor; 2.6.4.4 rules, orders or regulations of any Applicable Agency that affect the supply or availability of Materials and Equipment or labor; or 2.6.4.5 if Contractor is barred from access to the Work Site by individuals or entities not associated with the Owner or by court order. 2.6.5 The Contractor shall have no claim against the Owner or the Owner’s Representative for any loss or damage sustained by the Contractor nor for any extra compensation in the form of an increase in the Maximum Contract Price, or otherwise, through delay, hindrance, obstruction, disruption, suspension, stoppage, interruption or acceleration of the Contractor's Work caused or directed by: 2.6.5.1 the Owner’s Representative or the Owner in order to meet the Project Schedule, or to accommodate Fast-Tracking of the Project as described in greater detail in and subject to the provisions of Sections 2.7.1 and 2.7.2; 2.6.5.2 the circumstances set forth in Section 2.6.4; 2.6.5.3 any other foreseen or unforeseen reasons or circumstances; or 2.6.5.4 any other contractor. Subject to the provisions of Section 5.5 regarding Protest Work, the Contractor hereby waives all claims for damages, including all costs direct and indirect, and increased costs for labor and Materials and Equipment, incurred on account of any delay, hindrance or cause whatsoever, and the Contractor agrees that its sole right and remedy for any delay, hindrance or cause shall be that the Contractor shall be entitled to an extension of the Contract period, which is acknowledged to be adequate and full consideration to the Contractor for all delays, hindrances, or causes. 2.6.6 The Contractor acknowledges that the Project may be constructed on a Fast-Fast- Track basis if applicable,, represents that it has expertise in the Fast-Track method of construction and hereby agrees to waive any and all rights and remedies it may otherwise have at law or in equity for claiming extra compensation, an increase in the Maximum Contract Price, or damages of any kind by reason of schedule changes ordered in the progress of the Work or made in the Project Schedule or Overall Contract Schedule to accommodate construction of the Project on a Fast-Track basis. In furtherance of the foregoing, the Contractor shall furnish first class, professional and efficient Work and use its best efforts, skill and judgment to complete its Work in the best and soundest way and in the most expeditious and economical manner consistent with the interests of the Owner and consistent with Fast-Track construction, the Project Schedule, the Overall Contract Schedule and the Contract Documents. 2.6.7 Subject to the provisions of Sections 2.7.1 and 2.7.2 regarding “Overtime” and Section 5.5 regarding “Protest Work”, Contractor shall perform Work, as directed and as is customarily performed by the Contractor's respective trade, at no additional cost so long as overtime work beyond originally planned is not required. 2.6.8 Contractor shall perform punch-list work only at times as, in the judgment of the Owner’s Representative and the Owner, will not unreasonably interfere with the activities of any other contractors, entities or individuals at the Site.

DELAYS AND EXTENSIONS OF TIME. 2.6.1 The 8.3.1 Except as expressly set forth below, Contractor hereby expressly agrees that no claims for adjustments to the Contract Time or Contract Sum arising from or related to delays, of any kind, due to any cause and of any duration, whether foreseeable or unforeseeable, and whether occurring singularly or in combination with other delays, shall provide be recoverable by Contractor. 8.3.2 If the requisite labor and sufficient Materials and Equipment to maintain the Project Schedule and in particular, that portion critical path of the Project Schedule applicable to the Contractor's Work. If the Contractor's Work is delayed by reason any wrongful act or neglect caused solely by the Project Manager, Owner or Architect, or by Changes in the Work ordered by the Owner, or by any Force Majeure event (which shall be limited to: earthquake; rebellion, war, terrorism, riot, act of its sabotage, or its Subcontractors' civil commotion; spill of hazardous substances by a third party at or its Vendors’ actsnear the site; and fire), and provided that Contractor has taken reasonable precautions to prevent further delays owing to such event and has submitted to Owner a Notice of Delay and COR for an adjustment of the Contract Time in a timely manner hereunder, then the Contract Time shall be extended by Change Order for a period equal to the length of the delay. Time extensions shall only be granted with respect to delays which Contractor establishes make performance of any critical activities in the Work unachievable, taking into account Contractor’s obligations to mitigate the effects of the delay. Except as set forth in Article 8.3.4, the Contractor shall, at the Owner’s Representative’s direction, increase the number extension of workers, the number of shifts, the days of work and, to the extent permitted by law, institute overtime operations, all at the time shall be Contractor’s sole cost and expense, in order to regain remedy for any time loss and maintain the Project Schedule and the Overall Contract Schedule. All costs of all standby trades will be charged to the Contractor when such corrective measures are requireddelay. 2.6.2 The 8.3.3 If Contractor shall not cause any hindrance or delay to other contractors on the Project. In addition to and without is delayed in any way limiting the Contractor’s indemnification and other obligations under Article 8 of this Contract, the Contractor shall be solely responsible and shall indemnify and hold harmless the Owner, the City, all other Additional Insureds, and the Other Interested Parties, from all claims, including costs and reasonable attorneys’ fees, related to any and all damages sustained by any other contractor having or who shall hereafter have a contract with the Owner for the performance of work upon the Work Site by rain or the Project due to any act or omission of the Contractor including, without limitation, costs incurred due to the Contractor’s failure to coordinate work with other contractors or due to delays caused to other contractors by the Contractor. The Contractor agrees to reimburse each such other contractor for all such damages. In addition to the foregoingadverse weather conditions which are more severe than normal (an “Unusual Weather Event”), the Owner’s Representative and the Owner Contract Time shall have the right, after three (3) days' written Notice to the Contractor, to provide any such labor, additional labor, overtime labor and Materials and Equipment necessary to remedy such hindrance or delay to each such other contractor’s work, and the Owner may, in its sole discretion, in addition to any other remedy it may have under this Contract, or at law or equity, deduct the costs thereof from any moneys then due or thereafter to become due to the Contractor, or to require the Contractor to pay be extended by Change Order for such costs on demand. In the event the Owner intends to extend any such other contractor’s time to complete that contractor’s work due to delays caused by the Contractor, such extensions of time shall not be construed as a waiver of the Owner’s or the Owner’s Representative’s right to be compensated by the Contractor for all damages, losses, costs and expenses, including attorneys' fees and disbursements, resulting from such delay. 2.6.3 If the Contractor has been delayed and as a result will be unable to complete performance fully and satisfactorily within the time fixed therefor, the Contractor may be granted an extension of time fixed for performance period equal to the period length of delay, provided that Contractor has taken reasonable precautions to prevent further delays owing to such adverse weather. Time extensions shall only be granted with respect to delays which Contractor establishes make performance of any critical activities in the Contractor was actually and necessarily delayed upon submission of evidence of Work unachievable, taking into account Contractor’s obligations to mitigate the causes effects of the delay, subject to the written approval of the Owner in its and shall be Contractor’s sole discretion, provided that: 2.6.3.1 the Contractor has submitted a written claim to the Owner’s Representative and the Owner within three (3) working days after the commencement of the alleged cause of remedy for the delay. For purposes of granting time extensions resulting from unworkable days due to rain more severe than normal, hindrance or obstruction; 2.6.3.2 Contractor demonstrates that it did not in any way cause and could not have anticipated or avoided such delay, hindrance or obstruction; 2.6.3.3 Contractor has used all available means to minimize the consequences thereof; and 2.6.3.4 the Owner and Contractor agree that the Owner’s Representative determine that such an extension has been substantiated and is warranted under the circumstances. The decision impact of the DRB as to the granting of the extension and its length shall be binding upon the Contractor. 2.6.4 Subject to the Owner’s determination and approval, the Owner may extend the time or times normal rainfall for performance of the Work where such performance has been substantially obstructed, hindered or delayed by reason of one or more of the following limited circumstances: 2.6.4.1 acts of Force Majeure; 2.6.4.2 any act, neglect, delay or default of the Owner’s Representative, the Owner, the Engineer or Environmental Consultant; 2.6.4.3 changes ordered in the Work not resulting from the actions, omissions or negligence of the Contractor; 2.6.4.4 rules, orders or regulations of any Applicable Agency that affect the supply or availability of Materials and Equipment or labor; or 2.6.4.5 if which Contractor is barred from access to the Work Site by individuals or entities not associated with the Owner or by court order. 2.6.5 The Contractor shall have no claim against the Owner or the Owner’s Representative for any loss or damage sustained by the Contractor nor for any extra compensation in the form of an increase in the Maximum Contract Price, or otherwise, through delay, hindrance, obstruction, disruption, suspension, stoppage, interruption or acceleration of the Contractor's Work caused or directed by: 2.6.5.1 the Owner’s Representative or the Owner in order to meet the Project Schedule, or to accommodate Fast-Tracking of the Project as described in greater detail in and subject to the provisions of Sections 2.7.1 and 2.7.2; 2.6.5.2 the circumstances set forth in Section 2.6.4; 2.6.5.3 any other foreseen or unforeseen reasons or circumstances; or 2.6.5.4 any other contractor. Subject to the provisions of Section 5.5 regarding Protest Work, the Contractor hereby waives all claims for damages, including all costs direct and indirect, and increased costs for labor and Materials and Equipment, incurred on account of any delay, hindrance or cause whatsoever, and the Contractor agrees that its sole right and remedy for any delay, hindrance or cause shall be that the Contractor shall be entitled to an a time extension of the Contract period, which is acknowledged to be adequate and full consideration to the Contractor for all delays, hindrances, or causes. 2.6.6 The Contractor acknowledges that the Project may be constructed on a Fast-Track basis if applicable,or

DELAYS AND EXTENSIONS OF TIME. 2.6.1 The ‌ 8.4.1 If Contractor shall provide be delayed by (i) the requisite labor and sufficient Materials and Equipment combined action of workmen (either those employed on the Work or in any industry essential to maintain the Project Schedule and in particular, that portion conduct of the Project Schedule applicable to Work) in no way caused by or resulting from default or collusion on the part of Contractor's Work. If the Contractor's Work is delayed by reason ; (ii) any Act of its God, war, act of terrorism, riot, epidemic or its Subcontractors' or its Vendors’ actspandemic, explosion, sabotage, embargo, fire, unavoidable casualties, unusual delay in transportation, national emergency, unusually severe and adverse weather conditions, the binding order of any court or governmental authority; or (iii) by any other causes which Contractor shallcould not reasonably control or circumvent, at and if such delay affects the Owner’s Representative’s directioncritical path activity as set forth in the CPM Schedule, increase and if such delay affects any Key Completion Time, then any such affected Key Completion Time shall be adjusted as determined by the number Contracting Officer but the total extension of workers, any Key Completion Time shall not exceed the number length of shifts, the days delay. 8.4.2 An adjustment to any Key Completion Time or an extension of work and, to the extent permitted by law, institute overtime operations, all at the Contract Time shall be Contractor’s sole cost and expenseremedy for any delay. Owner’s exercise of any of its rights under the Contract Documents, in order to regain any time loss and maintain including requirement of correction or re-execution of the Project Schedule and Work, regardless of the Overall Contract Schedule. All costs extent, number, or frequency of all standby trades will be charged to the Contractor when Owner’s exercise of such corrective measures are required. 2.6.2 The Contractor rights or remedies, shall not cause under any hindrance or circumstances be construed to as providing grounds for Contractor to seek damages for delay to other contractors on of the Project. In addition no event shall Contractor be entitled to and any compensation or recovery of any damages in connection with any delay, including, without in any way limiting the Contractor’s indemnification and limitation, consequential damages, lost opportunity costs, impact damages or other obligations under Article 8 of this Contract, the similar remuneration. Contractor shall be solely responsible waives and shall indemnify and hold harmless the Owner, the City, all other Additional Insureds, and the Other Interested Parties, from all claims, including costs and reasonable attorneys’ fees, related to not assert any and all damages sustained by any other contractor having or who shall hereafter have a contract with the claims against Owner for the performance any damages, costs, losses or expenses of work upon the Work Site any nature whatsoever which Contractor, any Subcontractor or Sub-Subcontractor may incur as a result of any delays, interferences, suspensions, rescheduling, changes in sequences, congestion, disruptions, or the Project due to like arising from, out of or in connection with any act or omission of the Contractor includingOwner, without limitationits representatives or agents, costs incurred due to the and Contractor’s failure to coordinate work with other contractors or due to delays caused to other contractors by the Contractor. The Contractor agrees to reimburse each sole remedy in such other contractor for all such damages. In addition to the foregoing, the Owner’s Representative and the Owner event shall have the right, after three (3) days' written Notice to the Contractor, to provide any such labor, additional labor, overtime labor and Materials and Equipment necessary to remedy such hindrance or delay to each such other contractor’s work, and the Owner may, in its sole discretion, in addition be an adjustment to any other remedy it may have under this Contract, Key Completion Time or at law or equity, deduct the costs thereof from any moneys then due or thereafter to become due to the Contractor, or to require the Contractor to pay for such costs on demand. In the event the Owner intends to extend any such other contractor’s time to complete that contractor’s work due to delays caused by the Contractor, such extensions of time shall not be construed as a waiver extension of the Owner’s or the Owner’s Representative’s right to be compensated by the Contractor for all damages, losses, costs and expenses, including attorneys' fees and disbursements, resulting from such delayContract Time. 2.6.3 If the Contractor has been delayed and as a result will be unable to complete performance fully and satisfactorily within the time fixed therefor, the Contractor may be granted an 8.4.3 All claims for extension of time fixed for performance equal pursuant to Section 8.4.1 shall be made in writing to the period the Contractor was actually and necessarily delayed upon submission of evidence of the causes of the delay, subject to the written approval of the Owner in its sole discretion, provided that: 2.6.3.1 the Contractor has submitted a written claim to the Owner’s Representative and the Owner within three Contracting Officer no more than ten (310) working days Days after the commencement of the alleged delay, except in connection with weather delays which shall be made monthly within five (5) Days from the end of each month; otherwise they shall be waived. In the case of a continuing cause of delay only one claim is necessary. Any delay of less than twenty-four (24) hours duration shall not be justification for adjusting any Key Completion Time or the Contract Price. 8.4.4 No adjustments shall be made under this Section 8.4 for any suspension, delay, hindrance or obstruction; 2.6.3.2 Contractor demonstrates interruption (i) to the extent that it did not in performance would have been so suspended, delayed or interrupted by any way other cause and could not have anticipated including due to the fault or avoided such delay, hindrance negligence of Contractor; or obstruction; 2.6.3.3 Contractor has used all available means to minimize (ii) for which an equitable adjustment is provided or excluded under any other provision of the consequences thereof; and 2.6.3.4 the Owner and the Contract Documents. Owner’s Representative determine that such an extension has been substantiated and is warranted exercise of any of its rights under the circumstances. The decision of the DRB as to the granting of the extension and its length shall be binding upon the Contractor. 2.6.4 Subject to the Contract Documents, or Owner’s determination and approvalrequirement of correction or re-execution of any defective Work shall not, the Owner may extend the time or times for under any circumstances, be construed as interference with Contractor’s performance of the Work where such performance has been substantially obstructed, hindered or delayed by reason of one or more of the following limited circumstances: 2.6.4.1 acts of Force Majeure; 2.6.4.2 any act, neglect, delay or default of the Owner’s Representative, the Owner, the Engineer or Environmental Consultant; 2.6.4.3 changes ordered in the Work not resulting from the actions, omissions or negligence of the Contractor; 2.6.4.4 rules, orders or regulations of any Applicable Agency that affect the supply or availability of Materials and Equipment or labor; or 2.6.4.5 if Contractor is barred from access to the Work Site by individuals or entities not associated with the Owner or by court orderWork. 2.6.5 The Contractor shall have no claim against the Owner or the Owner’s Representative for any loss or damage sustained by the Contractor nor for any extra compensation in the form of an increase in the Maximum Contract Price, or otherwise, through delay, hindrance, obstruction, disruption, suspension, stoppage, interruption or acceleration of the Contractor's Work caused or directed by: 2.6.5.1 the Owner’s Representative or the Owner in order to meet the Project Schedule, or to accommodate Fast-Tracking of the Project as described in greater detail in and subject to the provisions of Sections 2.7.1 and 2.7.2; 2.6.5.2 the circumstances set forth in Section 2.6.4; 2.6.5.3 any other foreseen or unforeseen reasons or circumstances; or 2.6.5.4 any other contractor. Subject to the provisions of Section 5.5 regarding Protest Work, the Contractor hereby waives all claims for damages, including all costs direct and indirect, and increased costs for labor and Materials and Equipment, incurred on account of any delay, hindrance or cause whatsoever, and the Contractor agrees that its sole right and remedy for any delay, hindrance or cause shall be that the Contractor shall be entitled to an extension of the Contract period, which is acknowledged to be adequate and full consideration to the Contractor for all delays, hindrances, or causes. 2.6.6 The Contractor acknowledges that the Project may be constructed on a Fast-Track basis if applicable,