Common use of EXCEPTION TO COMPLETION SCHEDULE AND LIQUIDATED DAMAGES Clause in Contracts

EXCEPTION TO COMPLETION SCHEDULE AND LIQUIDATED DAMAGES. In cases where the parties agree in writing that sodding and/or planting and/or specified maintenance thereof is not feasible during the construction period, such Work will be excepted from the completion schedule and the liquidated damages provision of Section 10.4. However, such Work must be accomplished or completed during the first sodding and/or planting period or the specified maintenance period following the original completion date within the same number of days originally scheduled for such activity. This shall also include items not contracted to the Private Entity, but directly contracted by the Owner with other vendors and which is required to complete and provide a fully functional facility; the failure of Owner’s other vendors to provide or complete their work shall not affect either Substantial Completion or Final Completion of the Work by Private Entity.