Common use of Excusable Delay Clause in Contracts

Excusable Delay. 16.2.1 Developer shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delay. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 16.2.1. Developer shall not be charged for liquidated damages because of any delays in completion of beyond the Work Contract Time which are not the fault of Developer or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delay. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay delay, and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions16.2.2. Developer shall notify the District pursuant to the claims provisions in these General Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work Project Completion might be delayed thereby. 16.2.3 16.2.3. In the event the Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1delay, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If the Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request claim for a time extension delay must include the following information as support, without limitation: 16.2.3.1 16.2.3.1. The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 16.2.3.2. Specific logical ties to the Contract Construction Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any A portion of any delay of seven (7) days or moremore must be provided.) 16.2.3.3 16.2.3.3. A recovery schedule revised Construction Schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delaysubmitted. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer shall not (a) Neither Party will be charged liable for liquidated damages because any default or delay in performance of its obligations under this Agreement if and to the extent the default or delay is caused, directly or indirectly, by an Excusable Delay Event. (b) When an Excusable Delay Event has occurred, the non-performing Party will be excused from further performance of the obligations affected for as long as the circumstances prevail and the non-performing Party continues to use its best efforts to recommence performance whenever and to whatever extent possible without delay. (c) A Party that becomes aware of any delays in completion matter likely to constitute an Excusable Delay Event affecting its obligations under this Agreement shall immediately give notice of that fact, and of all relevant particulars of which it is aware, to the other Party. (d) Within 15 Business Days of an Excusable Delay Event occurring the Party affected by the Excusable Delay Event ("Affected Party") shall give the other Party a notice containing full particulars of the Work which are not Excusable Delay Event including its nature and likely duration, the fault of Developer or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay obligations affected by it and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delay. District shall review the facts nature and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required hereineffect on those obligations ("Suspension Notice"). 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant (e) Subject to the claims other provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, this clause the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion obligations of the Work might be delayed thereby. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request Affected Party under this Agreement shall be submitted in accordance with the provisions in the Contract Documents governing changes in Worksuspended, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule extent that they are affected by the change and/or delay. In particularExcusable Delay Event, Developer must show an actual impact from the date the Affected Party serves a Suspension Notice in respect of that Excusable Delay Event until the cessation of the Excusable Delay Event. (f) Subject to the scheduleother provisions of this clause, after making to the extent that the Date for Practical Completion will be affected by the Excusable Delay Event, the Date for Practical Completion shall be extended for a good faith effort period of time equal to mitigate the delay by rescheduling date the work, by providing an analysis Affected Party serves a Suspension Notice in respect of that Excusable Delay Event until the cessation of the schedule Excusable Delay Event. (“Time Impact Analysis”)g) The Affected Party shall use its reasonable endeavours to remove the effect of each Excusable Delay Event affecting the performance of its obligations under this Agreement. Such Time Impact Analysis The Affected Party is not, however, required to settle any industrial dispute otherwise than as the Affected Party in its absolute discretion sees fit. (h) An Affected Party shall describe give immediate notice to the other Party of the cessation of each Excusable Delay Event the subject of a Suspension Notice and shall as soon as reasonably possible after cessation of that Excusable Delay Event resume performance of any obligation suspended as a result of it. (i) If an Excusable Delay Event continues for a period of six months after a Suspension Notice is given in detail respect of that Excusable Delay Event, this Agreement may be terminated by either Party on not less than 14 days notice given to the cause other without any liability for breach of contract in respect of the termination. (j) If both Parties are Affected Parties in respect of the same Excusable Delay Event and the effect of the delay and Excusable Delay Event would be removed in respect of both Parties if one Party only (in this clause the impact on "Principal Party") removed that effect in respect of itself, the critical dates in the Project schedule. (This information must Principal Party shall be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required deemed to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly Affected Party for the estimated delay period with supporting justificationpurposes of this clause. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Contract Price and/or the Contract Time based on circumstances giving rise to the asserted delay. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay delay, and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer Xxxxxxxxx must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer 10.2.1 DBE shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer DBE or its Subcontractors, including including, without limitation limitation, acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer DBE shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delayeffect. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay delay, and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer DBE has timely submitted the Construction Baseline Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer 10.2.2 DBE shall notify the District pursuant to the claims provisions in these Construction Provisions this Agreement of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 10.2.3 In the event Developer the DBE requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1delay, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer the DBE fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Baseline Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request claim for a time extension delay must include the following information as support, without limitation: 16.2.3.1 10.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 10.2.3.2 Specific logical ties to the Contract Baseline Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Baseline Schedule that are affected by the change and/or delay. In particular, Developer DBE must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Schedule Analysis”). Such Time Impact Schedule Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 10.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Contract Price and/or the Contract Time based on circumstances giving rise to the asserted delay. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay delay, and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer Xxxxxxxxx must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer or its Subcontractors, including without limitation limitation, adverse weather delays, strikes, acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delay. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant to the claims provisions Claims Process in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation, including both a written narrative and a schedule diagram depicting how the changed Work affects other schedule activities. The schedule diagram shall show how the Developer proposes to incorporate the changed Work in the schedule and how it impacts the current schedule-update critical path. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer Xxxxxxxxx must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project scheduleschedule and main sequence of schedule activities to enable District to evaluate the impact of changed Work to the scheduled critical path. (This information must be provided for any portion of any delay of seven (7) days or more.)) The Developer shall be responsible for all costs associated with the preparation of Time Impact Analyses. 16.2.3.3 16.2.4 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delaydelay to recover the lost time within seven (7) calendar days. As part of this submittal, the Developer shall provide a written narrative for each revision made to recapture the lost time. If the revisions include sequence changes, the Developer shall provide a schedule diagram comparing the original sequence to the revised sequence of work. The revisions shall not be incorporated into any schedule update until the revisions have been reviewed by District. At District’s discretion, the Developer can be required to provide Subcontractor certifications for revisions affecting said Subcontractors. 16.2.4 16.2.5 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding if Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. Failure of the Developer to perform in accordance with the current schedule update shall not be excused by submittal of a Notice of Delay. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 16.2.6 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. merits because the Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 15.2.1 Developer shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delay. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay delay, and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. 15.2.2 Developer shall notify the District pursuant to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 15.2.3 In the event the Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1delay, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If the Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request claim for a time extension delay must include the following information as support, without limitation: 16.2.3.1 15.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 15.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any A portion of any delay of seven (7) days or moremore must be provided.) 16.2.3.3 15.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delaysubmitted. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delayeffect. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay delay, and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event the Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If the Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request claim for a time extension delay must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Schedule Analysis”). Such Time Impact Schedule Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delayeffect. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay delay, and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request claim for a time extension delay must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Schedule Analysis”). Such Time Impact Schedule Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delayeffect. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay delay, and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event the Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If the Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request claim for a time extension delay must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Schedule Analysis”). Such Time Impact Schedule Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer shall not be charged Notwithstanding anything to the contrary contained herein or in the Plan, the schedule for liquidated damages because of any delays in completion of the Work which are not Project Improvements described in Section 3.2 and any other obligations herein shall be automatically extended by the fault number of Developer days of delay caused by actions or its Subcontractorsevents beyond the control of the Developer, including, without limitation, damage or destruction by fire or casualty, strike, lockout, civil disorder, war, restrictive government regulations, lack of issuance of any permits and/or legal authorization by the governmental entity necessary for the construction and occupation of the Project (provided that reasonable efforts have been made to obtain said permits/authorizations and all conditions precedent to the issuance of said permits and/or authorizations have been met), shortage or delay in shipment of material or fuel, acts of God, pandemic, unusually adverse weather or wet soil conditions, or other like causes beyond the Developer’s reasonable control, including without limitation acts any litigation, court order or judgment resulting from any litigation affecting the validity of God as defined in Public Contract Code section 7105this Agreement or the Bond Documents (collectively, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (an “Notice of Excusable Delay”). If The parties agree that as of the date of this Agreement, no known condition or event exists that would justify an Excusable Delay. Notwithstanding the foregoing, no Excusable Delay will be deemed to exist unless the Developer fails to provide its written Notice notifies the City in writing of such Excusable Delay within this timeframe, 30 days after the commencement of the event causing such Excusable Delay (or within 30 days after the date that the Developer waives, releases, and discharges should reasonably have determined that such event will cause such Excusable Delay). An Excusable Delay shall not include any right to assert condition or claim any entitlement to an adjustment circumstance caused or extended by the Developer or a Related Party or attributable to the Guaranteed Maximum Price and/or action or inaction of the Contract Time based Developer or a Related Party, with the exception of any excusable delay under a construction contract with a Related Party. If unforeseen site conditions on circumstances giving rise the Project Site, such as unknown environmental contamination or geotechnical conditions not identified prior to the asserted delay. District inception of the Project, cause significant delay in preparing the Project Site for construction of the Project Improvements, the deadlines provided in Section 3.2 shall review the facts and extent of any delay and shall grant extension(s) be extended for that period of time for completing Work when, in its judgment, which the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant can demonstrate to the claims provisions in these Construction Provisions reasonable satisfaction of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is City Council to be considered avoidable or unavoidablenecessary to remediate such conditions, how long it continuesbut in no event shall the date for substantial completion in Section 3.2 be extended beyond December 31, and to what extent the prosecution and completion of the Work might be delayed thereby2027. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delayeffect. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay delay, and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event the Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation:procedures governing Proposed 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Schedule Analysis”). Such Time Impact Schedule Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty seven (20) 7 calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer 10.2.1 DBE shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer DBE or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer DBE shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delayeffect. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay delay, and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer DBE has timely submitted the Construction Baseline Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer 10.2.2 DBE shall notify the District pursuant to the claims provisions in these Construction Provisions this Agreement of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 10.2.3 In the event Developer the DBE requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1delay, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer the DBE fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Baseline Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request claim for a time extension delay must include the following information as support, without limitation: 16.2.3.1 10.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 10.2.3.2 Specific logical ties to the Contract Baseline Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Baseline Schedule that are affected by the change and/or delay. In particular, Developer DBE must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Schedule Analysis”). Such Time Impact Schedule Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.)of 16.2.3.3 10.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delay. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.,

Excusable Delay. 16.2.1 Developer 8.1 Seller shall not be charged liable for liquidated damages because any delays or failures in performance of its obligations under this Agreement due to the occurrence of a Force Majeure (as defined below) (“Excusable Delay”). For the purposes of this Agreement, a Force Majeure shall mean acts of God; fire; earthquake; flood; hurricane; war or insurrections; terrorism; any legislation, act, order, directive, or regulation of any delays government or governmental body affecting Seller or the Aircraft; labour strikes, lock-outs or work slowdown from Seller’s unionized employees; delay or failure of carriers, subcontractors or suppliers; or any other cause beyond Seller’s reasonable control or without Seller’s negligence that would significantly delay or prohibits performance hereunder. 8.2 In the event of any Excusable Delay, (a) Seller shall promptly notify Buyer in completion writing describing with reasonable detail the Force Majeure event that is the cause of the Work Excusable Delay and the expected impact on Seller’s contractual performance and (b) the time required for the performance of any obligation in this Agreement shall be extended for a period equal to the period during which are any such cause and the effects thereof persist; provided, that, notwithstanding the foregoing, Seller shall use its reasonable commercial efforts to promptly eliminate the effect of such Excusable Delay. 8.3 In the event Seller fails to present the Aircraft to Buyer for inspection and flight testing within one hundred (100) days after the expiry of the Delivery Period due to an Excusable Delay, Buyer shall have the right at any time thereafter to terminate this Agreement by written notice to Seller. Seller shall have the right to terminate this Agreement by written notice to Buyer in the event the Aircraft is not presented to Buyer for inspection and flight testing within three hundred (300) days after the fault expiry of Developer the Delivery Period due to an Excusable Delay. Within five (5) business days after the receipt by the party of the other party’s termination notice, Seller shall, subject to Article 12.3, promptly refund to Buyer all sums Seller has previously received from Buyer pursuant to this Agreement, with interest accrued from the date Seller received each amount from Buyer up to and including the date repaid to Buyer (together with interest) at the rate equal to the one-year LIBOR rate in effect on the date each payment was received by Seller, as published in the “Money Rates” section of The Wall Street AIRCRAFT PURCHASE AGREEMENT Journal and calculated pursuant to the Interest Rate Calculation defined in Article 7.1, and such reimbursement shall constitute Seller’s sole obligation and liability and Buyer’s sole right and remedy for such Excusable Delay and such termination. 8.4 In the event the Aircraft is not ready for Buyer’s inspection and flight testing within thirty (30) days after the end of the Delivery Period set forth in Article 2.2 for reasons of “Non-Excusable Delay,” which shall be defined as (i) any delay other than an Excusable Delay; or its Subcontractors(ii) a delay caused by Buyer, including without limitation acts Seller shall pay, as a credit against the balance of God the Purchase Price due pursuant to Article 2.1, to Buyer, as liquidated damages, but not as penalty, an amount equal to $6,000 USD per day of Non-Excusable Delay starting from the 31st day of Non-Excusable Delay after the end of the Delivery Period until the earlier of (a) the Inspection Availability Date (as defined in Public Contract Code section 7105Article 5.1(c)), acts of enemyprovided that, epidemicswhen presented to Buyer for inspection, the Aircraft is in material and substantial compliance with the Specification, including the Completion Work, and quarantine restrictionsin the event the Aircraft is not in material and substantial compliance when presented to Buyer for inspection, the liquidated damages shall continue to accrue until the Aircraft is in material and substantial compliance with the Specification, including the Completion Work; or (b) the elapse of 150 days of Non-Excusable Delay (the “LD Period”). Developer The obligation of Seller to pay the liquidated damages set forth in the prior sentence is subject to Buyer accepting the Aircraft in accordance with Article 5.3(c) and the maximum amount of liquidated damages payable to Buyer during the LD Period is $900,000 USD. Buyer agrees that it will not terminate this Agreement pursuant to Article 9 during the LD Period. In the event the Aircraft has not been presented to Buyer for inspection and acceptance on or before the expiry of the LD Period, then Buyer shall have the right, upon expiry of the LD Period, to terminate this Agreement and in the event Buyer elects to terminate this Agreement no liquidated damages arising under this Article 8.4 shall be credited or owed to Buyer but Seller shall, subject to Article 12.3, within five (5) calendar business days after Seller receives Buyer’s notice of beginning termination, return to Buyer all amounts previously paid to Seller under this Agreement plus interest accrued from the date of any delay, receipt by Seller of each payment up to and including a Force Majeure event, notify District in writing the date of causes of delay including documentation and facts explaining refund to Buyer (together with interest) at the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment rate equal to the Guaranteed Maximum Price and/or one-year LIBOR rate in effect on the Contract Time based on circumstances giving rise to date each payment was received by Seller, as published in the asserted delay. District shall review the facts “Money Rates” section of The Wall Street Journal and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District calculated pursuant to the claims provisions Interest Rate Calculation defined in these Construction Provisions of any anticipated delay and its causeArticle 7.1. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.Article

Excusable Delay. 16.2.1 Developer shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delayeffect. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay delay, and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event the Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If the Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request claim for a time extension delay must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Notwithstanding anything to the contrary contained herein, the schedule for substantially completing the Redevelopment Project described in Section 3.1 and Section 3.2 shall be automatically extended by the number of days of delay caused by actions or events beyond the control of the Developer shall not be charged for liquidated damages because or applicable Sub-Developer, including acts of God, labor disputes, strikes, lockouts, civil disorder or unrest, war, lack of issuance of any delays in completion permits and/or legal authorization by the governmental entity necessary for the Developer or the Sub-Developer to proceed with the construction or cause the construction of the Work which are Redevelopment Project (provided that reasonable efforts have been made to obtain said permits/authorizations and all conditions precedent to the issuance of said permits and/or authorizations have been met), shortage or delay in the shipment of material or fuel, fire, unusually adverse weather conditions, unusually wet soil conditions, unavoidable casualties, materially adverse litigation relating to Redevelopment Project, including, but not limited to any litigation, court order or judgment resulting from any litigation affecting the fault validity of Developer the Development Plan, the Redevelopment Project, this Agreement, or its Subcontractorseminent domain actions (other than eminent domain litigation wherein valuation of a parcel is the only issue being litigated), including without limitation acts the occurrence of God as defined in Public Contract Code section 7105a global pandemic that materially impacts availability of labor, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five or any causes beyond the Developer’s reasonable control (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (an “Notice of Excusable Delay”). If No Excusable Delay will be deemed to exist unless the Developer fails to provide its written Notice or applicable Sub-Developer notifies the City in writing of such Excusable Delay within this timeframe30 days after the commencement of the event causing such Excusable Delay (or within 30 days after the date that the Developer or applicable Sub-Developer should reasonably have determined that such event will cause such Excusable Delay). An Excusable Delay shall not include any condition or circumstance caused or extended by the Developer, a Sub-Developer waivesor a Related Party or attributable to actions or inaction by the Developer, releasesthe Sub-Developer or a Related Party. If unforeseen site conditions in the Redevelopment Area, such as unknown environmental contamination or geotechnical conditions not identified before the commencement of construction of the Phase 1 Work or an Additional Phase, as applicable, cause significant delay in completing site work necessary for the construction of the Phase 1 Work or an Additional Phase, the deadlines provided in Sections 2.1, 3.2 and discharges any right to assert or claim any entitlement to an adjustment 3.3 shall be extended for the period of time the Developer and applicable Sub-Developers can demonstrate to the Guaranteed Maximum Price and/or reasonable satisfaction of the Contract Time based on circumstances giving rise City Administrator to be necessary to remediate such conditions, but not to exceed one year (such one-year period may be extended by the asserted delayCity Administrator with the approval of the Board of Aldermen). District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgmentIn addition, the findings deadlines provided in the last two subparagraphs of fact justify an extension. Extension(s) Section 2.1 shall be automatically extended by the number of time shall apply days of delay caused by actions or events beyond the control of the Developer or applicable Sub-Developer, including, but not limited to, acts of God, materially adverse litigation relating to Redevelopment Project, including, but not limited to any litigation, court order or judgment resulting from any litigation affecting the validity of the Development Plan, the Redevelopment Project, this Agreement, or eminent domain actions (other than eminent domain litigation wherein valuation of a parcel is the only to that portion of Work affected by delay and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted issue being litigated), or any causes beyond the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed therebyreasonable control. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer Promptly after an Excusable Delay occurs, Landlord shall deliver to Tenant a revised Progress Schedule reflecting such Excusable Delay. Notwithstanding anything in the Lease to the contrary, for the purposes of calculating the rent penalty date in Section 2(a) of the Lease, clause (v) of the definition of Excusable Delay in Section 26(p) of the Lease shall not be charged for liquidated damages because include delays by caused by the general contractor or any subcontractors (or delays resulting from the failure of any delays in completion of the Work which are not the fault of Developer or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails either to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delay. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted perform in accordance with the provisions GMP Contract). Notwithstanding anything in the Contract Documents governing changes Lease to the contrary, for the purposes of calculating the Outside Completion Date, (a) clause (i) of the definition of Excusable Delay in WorkSection 26(p) of the Lease is limited to only earthquakes that impact the Oakland/Alameda construction market generally and that cause actual delays in the completion of the Improvements beyond the Estimated Date of Substantial Completion; provided, including without limitationhowever, in no event shall the time requirements set forth Outside Completion Date be extended for more than 90 days as a result of earthquakes, (b) clause (ii) of the definition of Excusable Delay shall not apply for purposes of extending the Outside Completion Date, (c) there shall be no limitation on the extension of the Outside Completion Date pursuant to clauses (iii) and (iv) of the definition of Excusable Delay and (d) clause (v) of the definition of Excusable Delay is limited to only shortages in subsection 17.5or the availability of materials or labor required for construction that impacts the Oakland/Alameda construction market generally and that cause actual delays in the completion of the Improvements beyond the Estimated Date of Substantial Completion not to exceed thirty (30) days. For purposes of calculating the Outside Completion Date (and determining whether Tenant may exercise its termination right pursuant to Section 2(a) of the Lease), below. When requesting timeto the extent the Outside Completion Date is extended pursuant to clause (iii) of the definition of Excusable Delay, requests must any day of Tenant Delay so extending the Outside Completion Date shall not also be submitted with full justification and documentationcounted to advance the date that Substantial Completion of the Improvements (for purposes of determining whether Tenant may exercise its termination right pursuant to Section 2(a) of the Lease). If Developer fails this Lease is not terminated pursuant to submit justificationSection 2(a) hereof, it waives its right then days of Tenant Delay will be used to a time extension at a later date. Such justification must be based on determine the official Construction Schedule as updated at the time of occurrence date that Substantial Completion of the delay or execution of Work related Improvements would have occurred and the Premises would have been delivered to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes Tenant in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule condition but for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided Tenant Delay for any portion of any delay of seven (7) days or moreall other purposes under this Lease.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delay. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay delay, and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event the Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If the Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request claim for a time extension delay must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any A portion of any delay of seven (7) days or moremore must be provided.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Contract Price and/or the Contract Time based on circumstances giving rise to the asserted delay. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay delay, and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer 16.2.1. Contractor shall not be charged for liquidated damages because of any delays in completion of beyond the Work Contract Time which are not the fault of Developer Contractor or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer Contractor shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delay. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay delay, and shall not apply to other portions of Work not so affectednot 16.2.2. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer Contractor shall notify the District pursuant to the claims provisions in these General Construction Provisions of any anticipated delay and its cause. Following submission of a claimnotice of delay, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work Project Completion might be delayed thereby. 16.2.3 16.2.3. In the event Developer the Contractor requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1delay, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer the Contractor fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request claim for a time extension delay must include the following information as support, without limitation: 16.2.3.1 16.2.3.1. The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 16.2.3.2. Specific logical ties to the Contract Construction Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any A portion of any delay of seven (7) days or moremore must be provided.) 16.2.3.3 16.2.3.3. A recovery schedule revised Construction Schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delaysubmitted. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer 9.1 Seller will commence and complete Seller’s Scope within the times specified in Seller’s Proposal provided however that Seller shall not be charged liable directly or indirectly for liquidated damages because delays of carriers or delays from labor difficulties, shortages, strikes or stoppages of any delays sort, fires, accidents, failure or delay in completion of the Work which are not the fault of Developer obtaining materials or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105manufacturing facilities, acts of enemygovernment, epidemicsbad weather, or any unforeseeable causes beyond the control of Seller or causes commonly designated Acts of God or force majeure, and quarantine restrictions. Developer shallwhen such delays arise, the completion date shall be extended accordingly. 9.2 If performance or completion by Seller is unreasonably delayed or hindered by Buyer, directly or indirectly, and Buyer fails to remedy or remove the cause of such delay or hindrance within five (5) days (or such longer time as may be reasonably necessary to remedy or remove the cause of such delay not to exceed 30 days) after receipt from Seller of written notice thereof, Seller may at its option upon written notice to that effect to Buyer (a) suspend such portion of Seller’s Scope as is delayed or hindered by Buyer, for the period of such delay or hindrance, in which event Buyer shall pay to Seller the additional expenses incurred by it as a result of such suspension; (b) proceed with Seller’s Scope less the portion thereof which is delayed or hindered by Buyer, in which event Seller shall make an appropriate price adjustment for the portion omitted, or (c) if such portion of Seller’s Scope is of a material and substantial nature such that it cannot be omitted from the Contract, then in such case if Buyer refuses to remedy or remove the cause within the time allotted, Seller may terminate the Contract, in which event Buyer shall pay the termination charges of Seller. 9.3 If Buyer fails to make any payment to Seller as and when due, and, within five (5) calendar days after receipt of beginning of any delaynotice thereof from Seller, including Buyer has not made such payment, Seller may at its option suspend performance until such payment is received (in which event Buyer shall pay to Seller the additional expenses incurred as a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert result thereof) or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or terminate the Contract Time based on circumstances giving rise (in which event Buyer shall pay to Seller the asserted delay. District shall review the facts and extent termination charges of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required hereinSeller). 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer 8.1 Seller shall not be charged liable for liquidated damages because any delays or failures in performance of its obligations under this Agreement due to the occurrence of a Force Majeure (as defined below) (“Excusable Delay”). For the purposes of this Agreement, a Force Majeure shall mean acts of God; fire; earthquake; flood; hurricane; war or insurrections; terrorism; any legislation, act, order, directive, or regulation of any delays government or governmental body affecting Seller or the Aircraft; labour strikes, lock-outs or work slowdown from Seller’s unionized employees; delay or failure of carriers, subcontractors or suppliers; or any other cause beyond Seller’s reasonable control or without Seller’s negligence that would significantly delay or prohibits performance hereunder. 8.2 In the event of any Excusable Delay, (a) Seller shall promptly notify Buyer in completion writing describing with reasonable detail the Force Majeure event that is the cause of the Work Excusable Delay and the expected impact on Seller’s contractual performance and (b) the time required for the performance of any obligation in this Agreement shall be extended for a period equal to the period during which are any such cause and the effects thereof persist; provided, that, notwithstanding the foregoing, Seller shall use its reasonable commercial efforts to promptly eliminate the effect of such Excusable Delay. 8.3 In the event Seller fails to present the Aircraft to Buyer for inspection and flight testing within one hundred (100) days after the expiry of the Delivery Period due to an Excusable Delay, Buyer shall have the right at any time thereafter to terminate this Agreement by written notice to Seller. Seller shall have the right to terminate this Agreement by written notice to Buyer in the event the Aircraft is not presented to Buyer for inspection and flight testing within three hundred (300) days after the fault expiry of Developer the Delivery Period due to an Excusable Delay. Within five (5) business days after the receipt by the party of the other party’s termination notice, Seller shall, subject to Article 12.3, promptly refund to Buyer all sums Seller has previously received from Buyer pursuant to this Agreement, with interest accrued from the date Seller received each amount from Buyer up to and including the date repaid to Buyer (together with interest) at the rate equal to the one-year LIBOR rate in effect on the date each payment was received by Seller, as published in the “Money Rates” section of The Wall Street Journal and calculated pursuant to the Interest Rate Calculation defined in Article 7.1, and such reimbursement shall constitute Seller’s sole obligation and liability and Buyer’s sole right and remedy for such Excusable Delay and such termination. 8.4 In the event the Aircraft is not ready for Buyer’s inspection and flight testing within thirty (30) days after the end of the Delivery Period set forth in Article 2.2 for reasons of “Non-Excusable Delay,” which shall be defined as (i) any delay other than an Excusable Delay; or its Subcontractors(ii) a delay caused by Buyer, including without limitation acts Seller shall pay, as a credit against the balance of God the Purchase Price due pursuant to Article 2.1, to Buyer, as liquidated damages, but not as penalty, an amount equal to $6,000 USD per day of Non-Excusable Delay starting from the 31st day of Non-Excusable Delay after the end of the Delivery Period until the earlier of (a) the Inspection Availability Date (as defined in Public Contract Code section 7105Article 5.1(c)), acts of enemyprovided that, epidemicswhen presented to Buyer for inspection, the Aircraft is in material and substantial compliance with the Specification, including the Completion Work, and quarantine restrictionsin the event the Aircraft is not in material and substantial compliance when presented to Buyer for inspection, the liquidated damages shall continue to accrue until the Aircraft is in material and substantial compliance with the Specification, including the Completion Work; or (b) the elapse of 150 days of Non-Excusable Delay (the “LD Period”). Developer The obligation of Seller to pay the liquidated damages set forth in the prior sentence is subject to Buyer accepting the Aircraft in accordance with Article 5.3(c) and the maximum amount of liquidated damages payable to Buyer during the LD Period is $900,000 USD. Buyer agrees that it will not terminate this Agreement pursuant to Article 9 during the LD Period. In the event the Aircraft has not been presented to Buyer for inspection and acceptance on or before the expiry of the LD Period, then Buyer shall have the right, upon expiry of the LD Period, to terminate this Agreement and in the event Buyer elects to terminate this Agreement no liquidated damages arising under this Article 8.4 shall be credited or owed to Buyer but Seller shall, subject to Article 12.3, within five (5) calendar business days after Seller receives Buyer’s notice of beginning termination, return to Buyer all amounts previously paid to Seller under this Agreement plus interest accrued from the date of any delay, receipt by Seller of each payment up to and including a Force Majeure event, notify District in writing the date of causes of delay including documentation and facts explaining refund to Buyer (together with interest) at the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment rate equal to the Guaranteed Maximum Price and/or one-year LIBOR rate in effect on the Contract Time based on circumstances giving rise to date each payment was received by Seller, as published in the asserted delay. District shall review the facts “Money Rates” section of The Wall Street Journal and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District calculated pursuant to the claims provisions Interest Rate Calculation defined in these Construction Provisions of any anticipated delay and its causeArticle 7.1. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.Article

Excusable Delay. 16.2.1 16.2.1. Developer shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five ten (510) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delay. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay delay, and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions16.2.2. Developer shall notify the District pursuant to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 16.2.3. In the event the Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1delay, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If the Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Workof 16.2.3.1. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 16.2.3.2. Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any A portion of any delay of seven (7) days or moremore must be provided.) 16.2.3.3 16.2.3.3. A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer shall not be charged Notwithstanding anything to the contrary contained herein or in the Plan, the schedule for liquidated damages because of any delays in completion of the Work which are not Project Improvements described in Section 3.2 and any other obligations herein shall be automatically extended by the fault number of Developer days of delay caused by actions or its Subcontractorsevents beyond the control of the Developer, including, without limitation, damage or destruction by fire or casualty, strike, lockout, civil disorder, war, restrictive government regulations, lack of issuance of any permits and/or legal authorization by the governmental entity necessary for the construction and occupation of the Project (provided that reasonable efforts have been made to obtain said permits/authorizations and all conditions precedent to the issuance of said permits and/or authorizations have been met), shortage or delay in shipment of material or fuel, acts of God, pandemic, unusually adverse weather or wet soil conditions, or other like causes beyond the Developer’s reasonable control, including without limitation acts any litigation, court order or judgment resulting from any litigation affecting the validity of God as defined in Public Contract Code section 7105this Agreement or the Bond Documents (collectively, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (an “Notice of Excusable Delay”). If The parties agree that as of the date of this Agreement, no known condition or event exists that would justify an Excusable Delay. Notwithstanding the foregoing, no Excusable Delay will be deemed to exist unless the Developer fails to provide its written Notice notifies the City in writing of such Excusable Delay within this timeframe, 30 days after the commencement of the event causing such Excusable Delay (or within 30 days after the date that the Developer waives, releases, and discharges should reasonably have determined that such event will cause such Excusable Delay). An Excusable Delay shall not include any right to assert condition or claim any entitlement to an adjustment circumstance caused or extended by the Developer or a Related Party or attributable to the Guaranteed Maximum Price and/or action or inaction of the Contract Time based Developer or a Related Party, with the exception of any excusable delay under a construction contract with a Related Party. If unforeseen site conditions on circumstances giving rise the Project Site, such as unknown environmental contamination or geotechnical conditions not identified prior to the asserted delay. District inception of the Project, cause significant delay in preparing the Project Site for construction of the Project Improvements, the deadlines provided in Section 3.2 shall review the facts and extent of any delay and shall grant extension(s) be extended for that period of time for completing Work when, in its judgment, which the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant can demonstrate to the claims provisions in these Construction Provisions reasonable satisfaction of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is City Council to be considered avoidable or unavoidablenecessary to remediate such conditions, how long it continuesbut in no event shall the date for substantial completion in Section 3.2 be extended beyond December 31, and to what extent the prosecution and completion of the Work might be delayed thereby2026. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer shall not be charged Notwithstanding anything to the contrary contained herein or in the Plan, the schedule for liquidated damages because of any delays in completion of the Work which are not Project Improvements described in Section 3.2 and any other obligations herein shall be automatically extended by the fault number of Developer days of delay caused by actions or its Subcontractorsevents beyond the control of the Developer, including, without limitation, damage or destruction by fire or casualty, strike, lockout, civil disorder, war, restrictive government regulations, lack of issuance of any permits and/or legal authorization by the governmental entity necessary for the construction and occupation of the Project (provided that reasonable efforts have been made to obtain said permits/authorizations and all conditions precedent to the issuance of said permits and/or authorizations have been met), shortage or delay in shipment of material or fuel, acts of God, pandemic, unusually adverse weather or wet soil conditions, or other like causes beyond the Developer’s reasonable control, including without limitation acts any litigation, court order or judgment resulting from any litigation affecting the validity of God as defined in Public Contract Code section 7105this Agreement or the Bond Documents (collectively, acts of enemy, epidemics, and quarantine restrictions. Developer shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (an “Notice of Excusable Delay”). If The parties agree that as of the date of this Agreement, no known condition or event exists that would justify an Excusable Delay. Notwithstanding the foregoing, no Excusable Delay will be deemed to exist unless the Developer fails to provide its written Notice notifies the City in writing of such Excusable Delay within this timeframe, 30 days after the commencement of the event causing such Excusable Delay (or within 30 days after the date that the Developer waives, releases, and discharges should reasonably have determined that such event will cause such Excusable Delay). An Excusable Delay shall not include any right to assert condition or claim any entitlement to an adjustment circumstance caused or extended by the Developer or a Related Party or attributable to the Guaranteed Maximum Price and/or action or inaction of the Contract Time based Developer or a Related Party, with the exception of any excusable delay under a construction contract with a Related Party. If unforeseen site conditions on circumstances giving rise the Project Site, such as unknown environmental contamination or geotechnical conditions not identified prior to the asserted delay. District inception of the Project, cause significant delay in preparing the Project Site for construction of the Project Improvements, the deadlines provided in Section 3.2 shall review the facts and extent of any delay and shall grant extension(s) be extended for that period of time for completing Work when, in its judgment, which the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer has timely submitted the Construction Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant can demonstrate to the claims provisions in these Construction Provisions reasonable satisfaction of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is City Council to be considered avoidable or unavoidablenecessary to remediate such conditions, how long it continuesbut in no event shall the date for substantial completion in Section 3.2 be extended beyond December 31, and to what extent the prosecution and completion of the Work might be delayed thereby20262027. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer 10.2.1 Design/Builder shall not be charged for liquidated damages because of any delays in completion of the Work which are not the fault of Developer Design/Builder or its Subcontractors, including without limitation acts of God as defined in Public Contract Code section 7105, acts of enemy, epidemics, and quarantine restrictions. Developer Design/Builder shall, within five (5) calendar days of beginning of any delay, including a Force Majeure event, notify District in writing of causes of delay including documentation and facts explaining the delay and the direct correlation between the cause and effect (“Notice of Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to an adjustment to the Guaranteed Maximum Price and/or the Contract Time based on circumstances giving rise to the asserted delayeffect. District shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Developer Design/Builder has timely submitted the Construction Baseline Schedule as required herein. 16.2.2 Developer’s Notice of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer 10.2.2 Design/Builder shall notify the District pursuant to the claims provisions in these Construction Provisions this Contract of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 10.2.3 In the event Developer the Design/Builder requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1delay, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer the Design/Builder fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Baseline Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request claim for a time extension delay must include the following information as support, without limitation: 16.2.3.1 10.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration. 16.2.3.2 10.2.3.2 Specific logical ties to the Contract Baseline Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Baseline Schedule that are affected by the change and/or delay. In particular, Developer Design/Builder must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Schedule Analysis”). Such Time Impact Schedule Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 10.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.

Excusable Delay. 16.2.1 Developer shall not be charged for liquidated damages because of any delays (a) Any delay in completion the performance of the Work which are not caused by an event that is beyond the fault control of Developer Contractor or its Subcontractors, including without limitation such as, but not limited to, any acts of God as defined government in Public Contract Code section 7105its contractual or sovereign capacity, fire, flood, epidemic, quarantine restriction, freight embargo, or acts of enemyGod, epidemicsor any postponement by the Launch Agency of launch of the ORION-Z Spacecraft, or acts or omissions of ORION that unreasonably delay or hinder Contractor's performance or failure by ORION to meet its responsibilities under the Contract, and quarantine restrictions. Developer shallwhich delay could not have been avoided by Contractor or Subcontractor through the exercise of reasonable foresight or reasonable precautions and cannot be circumvented by Contractor through the use of alternate sources, work-around plans, or other means, shall constitute a basis for excusable delay ("Excusable Delay") if notice thereof is given to ORION, in writing, within five three (53) calendar days Business Days after Contractor shall have first learned of beginning an occurrence of such an event or with regard to the Launch Vehicle, the probability of the occurrence of such event. Such notice shall include a detailed description of the portion of the Work affected by such a delay, as well as details of any work-around plans, alternate sources or other means Contractor will utilize to forestall a delay to the Delivery Schedule stated in Article 6 (Delivery). Written notice must also be given to ORION when the event constituting an Excusable Delay appears to have ended. In all events, Contractor shall use reasonable efforts to avoid or minimize such delay. In addition, including a Force Majeure eventORION's exercise of its rights under Article 25 (Ground Storage Option) due to circumstances caused by ORION shall constitute an Excusable Delay. (b) Contractor shall be entitled to such extensions of time as are reasonable for the Excusable Delay. In the event ORION disputes the Excusable Delay, notify District ORION must inform Contractor in writing within ten (10) Business Days from the date of causes receipt of delay including documentation and facts explaining written notice of the delay and event constituting an Excusable Delay and, if the direct correlation between Parties have not resolved the cause and effect dispute within the ten (“Notice 10) Business Days of Contractor's receipt of written notice from ORION, the dispute shall be resolved pursuant to Article 16 (Dispute Resolution). (c) In the event of an Excusable Delay”). If Developer fails to provide its written Notice of Delay within this timeframe, Developer waives, releases, and discharges any right to assert or claim any entitlement to there shall be an equitable adjustment to the Guaranteed Maximum Price and/or Delivery Schedule set forth in Table 6.1, Article 6 (Delivery) and the Delivery Schedule set forth in Article 14 (Additional Satellite) to the extent such Excusable Delay affects such delivery schedules and to such other terms in the Contract Time based on circumstances giving rise to as applicable; provided, however, that the asserted delay. District shall review the facts and extent occurrence of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay and Excusable Delay shall not apply entitle Contractor to other portions of Work not so affectedan increase in the Contract Price (unless such Excusable Delay is caused solely or substantially by ORION's acts or omissions that unreasonably delay or hinder Contractor's performance or ORION's failure to meet its responsibilities). An Any extension of time may only or other relief granted under this Article 6.3 shall be granted if Developer has timely submitted formalized by the Construction Schedule as required herein. 16.2.2 Developer’s Notice execution of Delay and request for a time extension pursuant to subparagraph 16.2 is a condition precedent to Developer’s submittal of and/or entitlement to a claim pursuant to Article 25 of these Construction Provisions. Developer shall notify the District pursuant an amendment to the claims provisions in these Construction Provisions of any anticipated delay and its cause. Following submission of a claim, the District may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby. 16.2.3 In the event Developer requests an extension of Contract Time for unavoidable delay as set forth in subparagraph 16.2.1, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work, including without limitation, the time requirements set forth in subsection 17.5, below. When requesting time, requests must be submitted with full justification and documentation. If Developer fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any request for a time extension must include the following information as support, without limitation: 16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etcArticle 28.4.) required to perform the activities within the stated duration. 16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay. In particular, Developer must show an actual impact to the schedule, after making a good faith effort to mitigate the delay by rescheduling the work, by providing an analysis of the schedule (“Time Impact Analysis”). Such Time Impact Analysis shall describe in detail the cause and effect of the delay and the impact on the critical dates in the Project schedule. (This information must be provided for any portion of any delay of seven (7) days or more.) 16.2.3.3 A recovery schedule must be submitted within twenty (20) calendar days of written notification to the District of causes of delay. 16.2.4 Developer must comply with requirements in subsection 16.2 for a Notice of Delay and supporting justification notwithstanding Developer contends the specific delay period is unknown and continuing. When submitting a Notice of Delay and supporting justification, Developer must provide an estimated delay duration to critical path activities at the time the Notice of Delay and supporting justification is required to be submitted. If Developer contends the delaying event(s) are continuing, Developer must update monthly the estimated delay period with supporting justification. 16.2.5 Developer’s failure to timely submit a written Notice of Delay and/or provide the justification required in subparagraph 16.2 shall constitute Developer’s waiver of any right to later submit a Proposed Change Order or pursue a Claim on the circumstances giving rise to the request, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Developer will not have satisfied a condition precedent or exhausted administrative remedies required to show entitlement to a Contract Time adjustment. Developer acknowledges that these written notices and justification requirements are critically important to District’s Work, Project management, and evaluating potential options and alternatives to implement mitigation efforts to reduce or eliminate additional Project costs and delays.