Common use of Recovery Schedule Clause in Contracts

Recovery Schedule. A. Should the approved Project Schedule show at any time during Contractor's performance, in the sole opinion of the Owner, that the Contractor is fourteen (14) days or more behind schedule for any specific critical path milestone date, or should the Contractor be required to undertake remedial actions under this Section, the Contractor shall submit a Recovery Schedule to the Owner within five (5) days after receiving a written request from the Owner. The Recovery Schedule shall explain and display how the Contractor intends to reschedule its Work at no additional cost to the Owner, in order to regain compliance with the Project Schedule during the immediate subsequent pay period. B. If the Contractor believes that all of the time can be recovered during the subsequent pay period, the Contractor will be permitted to prepare a Recovery Schedule as set forth below. However, if the Contractor believes it will take more than thirty (30) days to recover all of the lost time, it shall prepare and submit a request for revision of the Project Schedule and comply with all of the requirements for a Schedule Revision. 1. The Contractor shall prepare and submit to the Owner a one-month maximum duration Recovery Schedule, incorporating best available information from Subcontractors and others which will permit return to the approved Project Schedule at the earliest possible time. The Contractor shall prepare a Recovery Schedule to the same level of detail as the Project Schedule for a maximum duration of one month. This Recovery Schedule shall be prepared in coordination with other separate Contractors on the Project. 2. Within two (2) days after submission of Recovery Schedule to the Owner, the Contractor shall participate in a conference with the Owner to review and evaluate the Recovery Schedule. Within two (2) days of that conference, the Contractor shall submit the revisions necessitated by the review for the Owner’s review and approval. The Contractor shall use the approved Recovery Schedule as his plan for returning to the Project Schedule. 3. Contractor shall confer continuously with the Owner to assess the effectiveness of the Recovery Schedule. As a result of these conferences, the Owner will direct the Contractor as follows: (i) If the Owner determines the Contractor is still behind schedule, the Owner will direct the Contractor to prepare a revised Recovery Schedule and comply with all of the requirements of a Schedule Revision as stated herein and the other requirements of the Contract Documents; provided, however, that nothing herein shall limit in any way the rights and remedies of the Owner as provided elsewhere in the Contract Documents. (ii) If the Owner determines the Contractor has successfully complied with provisions of the Recovery Schedule, the Owner will direct the Contractor to return to the use of the approved Project Schedule.

Recovery Schedule. A. Should the approved Project Construction Schedule show at any time during ContractorCMR's performance, in the sole opinion of the Owner, that the Contractor CMR is fourteen (14) 14 days or more behind schedule for any specific critical path milestone date, or should the Contractor CMR be required to undertake remedial actions under Paragraph 10.7 of this Sectionsection, the Contractor CMR shall submit a Recovery Schedule to the Owner within five (5) days after receiving a written request from the OwnerOwner to do so. The Recovery Schedule shall explain and display how the Contractor CMR intends to reschedule its Work at no additional cost to the Owner, in order to regain compliance with the Project Schedule during the immediate subsequent pay period. B. If the Contractor CMR believes that all of the time can be recovered during the subsequent pay period, the Contractor CMR will be permitted to prepare a Recovery Schedule as set forth below. However, if the Contractor CMR believes it will take more than thirty (30) days to recover all of the lost time, it shall prepare and submit a request for revision of the Project Construction Schedule and comply with all of the requirements for a Schedule Revision. 1. The Contractor CMR shall prepare and submit to the Owner a one-month maximum duration Recovery Schedule, incorporating best available information from Subcontractors and others which will permit return to the approved Project Schedule at the earliest possible time. The Contractor CMR shall prepare a Recovery Schedule to the same level of detail as the Project Schedule for a maximum duration of one month. This Recovery Schedule shall be prepared in coordination with other separate Contractors on the Project. 2. Within two (2) days Working Days after submission of Recovery Schedule to the Owner, the Contractor CMR shall participate in a conference with the Owner to review and evaluate the Recovery Schedule. Within two (2) days Working Days of that the conference, the Contractor CMR shall submit the revisions necessitated by the review for the Owner’s review and approval. The Contractor CMR shall use the approved Recovery Schedule as his its plan for returning to the Project Construction Schedule. 3. Contractor CMR shall confer continuously with the Owner to assess the effectiveness of the Recovery Schedule. As a result of these conferences, the Owner will direct the Contractor CMR as follows: (i) If the Owner determines the Contractor CMR is still behind schedule, the Owner will direct the Contractor CMR to prepare a revised Recovery Schedule and comply with all of the requirements of a Schedule Revision as stated herein and the other requirements of the Contract Documents; provided, however, that nothing herein shall limit in any way the rights and remedies of the Owner as provided elsewhere in the Contract Documents. (ii) If the Owner determines the Contractor CMR has successfully complied with provisions of the Recovery Schedule, the Owner will direct the Contractor CMR to return to the use of the approved Project Schedule.

Recovery Schedule. A. Should the approved Project Schedule show at any time during Contractor's performance, in the sole opinion of the Owner, that the Contractor is fourteen (14) days or more behind schedule for any specific critical path milestone date, or should the Contractor be required to undertake remedial actions under this Section, the Contractor shall submit a Recovery Schedule to the Owner within five (5) days after receiving a written request from the Owner. The Recovery Schedule shall explain and display how the Contractor intends to reschedule its Work at no additional cost to the Owner, in order to regain compliance with the Project Schedule during the immediate subsequent pay period. B. If the Contractor believes that all of the time can be recovered during the subsequent pay period, the Contractor will be permitted to prepare a Recovery Schedule as set forth below. However, if the Contractor believes it will take more than thirty (30) days to recover all of the lost time, it shall prepare and submit a request for revision of the Project Schedule and comply with all of the requirements for a Schedule Revision. 1. The Contractor shall prepare and submit to the Owner a one-month maximum duration Recovery Schedule, incorporating best available information from Subcontractors and others which will permit return to the approved Project Schedule at the earliest possible time. The Contractor shall prepare a Recovery Schedule to the same level of detail as the Project Schedule for a maximum duration of one month. This Recovery Schedule shall be prepared in coordination with other separate Contractors on the Project. 2. Within two (2) days after submission of Recovery Schedule to the Owner, the Contractor shall participate in a conference with the Owner to review and evaluate the Recovery Schedule. Within two (2) days of that conference, the Contractor shall submit the revisions necessitated by the review for the Owner’s review and approval. The Contractor shall use the approved Recovery Schedule as his plan for returning to the Project Schedule. 3. Contractor shall confer continuously with the Owner to assess the effectiveness of the Recovery Schedule. As a result of these conferences, the Owner will direct the Contractor as follows: (i) If the Owner determines the Contractor is still behind schedule, the Owner will direct the Contractor to prepare a revised Recovery Schedule and comply with all of the requirements of a Schedule Revision as stated herein and the other requirements of the Contract Documents; provided, however, that nothing herein shall limit in any way the rights and remedies of the Owner as provided elsewhere in the Contract Documents. (ii) If the Owner determines the Contractor has successfully complied with provisions of the Recovery Schedule, the Owner will direct the Contractor to return to the use of the approved Project Schedule.and

Recovery Schedule. A. Should the approved Project Schedule show at any time during Contractor's performance, in the sole opinion of the Owner, that the Contractor is fourteen (14) days or more behind schedule for any specific critical path milestone date, or should the Contractor be required to undertake remedial actions under this Section, the Contractor shall submit a Recovery Schedule to the Owner within five (5) days after receiving a written request from the Owner. The Recovery Schedule shall explain and display how the Contractor intends to reschedule its Work at no additional cost to the Owner, in order to regain compliance with the Project Schedule during the immediate subsequent pay period. B. If the Contractor believes that all of the time can be recovered during the subsequent pay period, the Contractor will be permitted to prepare a Recovery Schedule as set forth below. However, if the Contractor believes it will take more than thirty (30) days to recover all of the lost time, it shall prepare and submit a request for revision of the Project Schedule and comply with all of the requirements for a Schedule Revision. 1. The Contractor shall prepare and submit to the Owner a one-month maximum duration Recovery Schedule, incorporating best available information from Subcontractors and others which will permit return to the approved Project Schedule at the earliest possible time. The Contractor shall prepare a Recovery Schedule to the same level of detail as the Project Schedule for a maximum duration of one month. This Recovery Schedule shall be prepared in coordination with other separate Contractors on the Project. 2. Within two (2) days after submission of Recovery Schedule to the Owner, the Contractor shall participate in a conference with the Owner to review and evaluate the Recovery Schedule. Within two (2) days of that conference, the Contractor shall submit the revisions necessitated by the review for the Owner’s review and approval. The Contractor shall use the approved Recovery Schedule as his plan for returning to the Project Schedule. 3. Contractor shall confer continuously with the Owner to assess the effectiveness of the Recovery Schedule. As a result of these conferences, the Owner will direct the Contractor as follows: : (i) If the Owner determines the Contractor is still behind schedule, the Owner will direct the Contractor to prepare a revised Recovery Schedule and comply with all of the requirements of a Schedule Revision as stated herein and the other requirements of the Contract Documents; provided, however, that nothing herein shall limit in any way the rights and remedies of the Owner as provided elsewhere in the Contract Documents. (ii) If the Owner determines the Contractor has successfully complied with provisions of the Recovery Schedule, the Owner will direct the Contractor to return to the use of the approved Project Schedule.behind

Recovery Schedule. A. Should the approved Project Schedule show ‌ 4.6.1 If at any time during Contractor's performancetime, the Work on any Critical Path item is delayed for a period which exceeds the greater of either thirty (30) days in the sole opinion aggregate or that number of days in the aggregate equal to 5% of the Ownerdays remaining until a Completion Deadline (including delays to which Design-Build Contractor may be entitled to a time extension under Section 13), that the Contractor is fourteen then Design-Build Contractor, within ten (1410) days after Design-Build Contractor first becomes aware of such schedule delay or more behind schedule otherwise at the request of IFA, shall prepare and submit to IFA for any specific critical path milestone date, or should the Contractor be required to undertake remedial actions under this Section, the Contractor shall submit review and approval a Recovery Schedule demonstrating Design-Build Contractor’s proposed plan to regain lost schedule progress and to achieve the Owner original contractual milestones in accordance with this PPA, including Substantial Completion by the Substantial Completion Deadline. Design-Build Contractor’s submittal shall comply with Section 1.4 of the Technical Provisions. IFA shall notify Design-Build Contractor within ten (10) days after receipt of each such Recovery Schedule whether the schedule is accepted or rejected. Within five (5) days after IFA’s rejection of the schedule, Design-Build Contractor will resubmit a revised Recovery Schedule incorporating IFA’s comments. When IFA accepts Design-Build Contractor’s Recovery Schedule, Design-Build Contractor shall, within five (5) days after receiving a written request from IFA’s acceptance, incorporate and fully include such schedule into the Owner. The Project Schedule and deliver same to IFA. 4.6.2 All costs incurred by Design-Build Contractor in preparing, implementing and achieving the Recovery Schedule shall explain be borne by Design-Build Contractor and display how the Contractor intends to reschedule its Work at no additional cost shall not result in a change to the OwnerContract Price, except to the extent that a change in order to regain compliance the Contract Price is permitted in accordance with the Project Schedule during the immediate subsequent pay periodSection 13. B. If 4.6.3 In the event that Design-Build Contractor believes that all of the time can be recovered during the subsequent pay period, the Contractor will be permitted fails to prepare a provide an acceptable Recovery Schedule as set forth below. However, if the Contractor believes it will take more than within thirty (30) days of Design-Build Contractor’s receipt of a notice to recover all of the lost timedo so, it shall prepare and submit a request for revision of the Project Schedule and comply with all of the requirements for a Schedule Revision. 1. The Design-Build Contractor shall prepare have no right to receive progress payments until such time as Design-Build Contractor has prepared and submit to the Owner a one-month maximum duration IFA has approved such Recovery Schedule, incorporating best available information from Subcontractors and others which will permit return to . Any failure or delay in the approved Project Schedule at the earliest possible time. The Contractor shall prepare submittal or approval of a Recovery Schedule to the same level of detail as the Project Schedule for a maximum duration of one month. This Recovery Schedule shall be prepared in coordination with other separate Contractors on the Project. 2. Within two (2) days after submission of Recovery Schedule to the Owner, the Contractor shall participate in a conference with the Owner to review and evaluate the Recovery Schedule. Within two (2) days of that conference, the Contractor shall submit the revisions necessitated by the review for the Owner’s review and approval. The Contractor shall use the approved Recovery Schedule as his plan for returning to the Project Schedule. 3. Contractor shall confer continuously with the Owner to assess the effectiveness of the Recovery Schedule. As a not result of these conferences, the Owner will direct the Contractor as follows: (i) If the Owner determines the Contractor is still behind schedule, the Owner will direct the Contractor to prepare a revised Recovery Schedule and comply with all of the requirements of a Schedule Revision as stated herein and the other requirements of the Contract Documents; provided, however, that nothing herein shall limit in any way the rights and remedies of the Owner as provided elsewhere time extension or increase in the Contract Price or other compensation under the PPA Documents. (ii) If the Owner determines the Contractor has successfully complied with provisions of the Recovery Schedule, the Owner will direct the Contractor to return to the use of the approved Project Schedule.

Recovery Schedule. A. Should the approved Project Construction Schedule show at any time during ContractorCMR's performance, in the sole opinion of the Owner, that the Contractor CMR is fourteen (14) 14 days or more behind schedule for any specific critical path milestone date, or should the Contractor CMR be required to undertake remedial actions under Paragraph 10.7 of this Sectionsection, the Contractor CMR shall submit a Recovery Schedule to the Owner within five (5) days after receiving a written request from the OwnerOwner to do so. The Recovery Schedule shall explain and display how the Contractor CMR intends to reschedule its Work at no additional cost to the Owner, in order to regain compliance with the Project Schedule during the immediate subsequent pay period. B. If the Contractor CMR believes that all of the time can be recovered during the subsequent pay period, the Contractor CMR will be permitted to prepare a Recovery Schedule as set forth below. However, if the Contractor CMR believes it will take more than thirty (30) days to recover all of the lost time, it shall prepare and submit a request for revision of the Project Construction Schedule and comply with all of the requirements for a Schedule Revision. 1. The Contractor CMR shall prepare and submit to the Owner a one-month maximum duration Recovery Schedule, incorporating best available information from Subcontractors and others which will permit return to the approved Project Schedule at the earliest possible time. The Contractor CMR shall prepare a Recovery Schedule to the same level of detail as the Project Schedule for a maximum duration of one month. This Recovery Schedule shall be prepared in coordination with other separate Contractors on the Project. 2. Within two (2) days Working Days after submission of Recovery Schedule to the Owner, the Contractor CMR shall participate in a conference with the Owner to review and evaluate the Recovery Schedule. Within two (2) days Working Days of that the conference, the Contractor CMR shall submit the revisions necessitated by the review for the Owner’s review and approval. The Contractor CMR shall use the approved Recovery Schedule as his its plan for returning to the Project Construction Schedule. 3. Contractor CMR shall confer continuously with the Owner to assess the effectiveness of the Recovery Schedule. As a result of these conferences, the Owner will direct the Contractor CMR as follows: (i) If the Owner determines the Contractor CMR is still behind schedule, the Owner will direct the Contractor CMR to prepare a revised Recovery Schedule and comply with all of the requirements of a Schedule Revision as stated herein and the other requirements of the Contract Documents; provided, however, that nothing herein shall limit in any way the rights and remedies of the Owner as provided elsewhere in the Contract Documents.comply (ii) If the Owner determines the Contractor CMR has successfully complied with provisions of the Recovery Schedule, the Owner will direct the Contractor CMR to return to the use of the approved Project Schedule.

Recovery Schedule. A. Should the approved Project Schedule show 3.9.1 Subject to Section 3.9.2, if at any time during Contractor's performancetime, the D&C Work on any Critical Path item is delayed for a period that exceeds the greater of either 30 days in the sole opinion aggregate or that number of days in the aggregate equal to 5% of the Ownerdays remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 12), that the Contractor is fourteen (14) days or more behind schedule for any specific critical path milestone datethen Developer, or should the Contractor be required to undertake remedial actions under this Sectionupon TxDOT’s request, the Contractor shall submit a Recovery Schedule to the Owner within five (5) days after receiving a written request from the Owner. The Recovery Schedule shall explain and display how the Contractor intends to reschedule its Work at no additional cost to the Owner, in order to regain compliance with the Project Schedule during the immediate subsequent pay period. B. If the Contractor believes that all of the time can be recovered during the subsequent pay period, the Contractor will be permitted to prepare a Recovery Schedule as set forth below. However, if the Contractor believes it will take more than thirty (30) days to recover all of the lost time, it shall prepare and submit a request for revision of the Project Schedule and comply with all of the requirements for a Schedule Revision. 1. The Contractor shall prepare and submit to TxDOT for review and approval with the Owner a one-month maximum duration Recovery Schedule, incorporating best available information from Subcontractors and others which will permit return to the approved next Project Baseline Schedule at the earliest possible time. The Contractor shall prepare Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the same level contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Final Acceptance and completion of detail the Toll Zone Work by the applicable Completion Deadline. 3.9.2 If Developer has failed to meet any Completion Deadline (as it may be extended under this Agreement) by the time required under this Agreement, then Developer shall prepare and submit to TxDOT for review and approval with the next Project Baseline Schedule for Update a maximum duration of one month. This Recovery Schedule shall be prepared in coordination demonstrating Developer’s proposed plan to achieve the applicable contractual milestones with other separate Contractors on the Projectas little additional delay as possible. 23.9.3 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within two (2) seven days after submission of Recovery Schedule to the Owner, the Contractor shall participate in a conference with the Owner to review and evaluate the Recovery Schedule. Within two (2) days of that conference, the Contractor shall submit the revisions necessitated any rejection by the review for the Owner’s review and approval. The Contractor shall use the approved Recovery Schedule as his plan for returning to the Project Schedule. 3. Contractor shall confer continuously with the Owner to assess the effectiveness of the Recovery Schedule. As a result of these conferences, the Owner will direct the Contractor as follows: (i) If the Owner determines the Contractor is still behind schedule, the Owner will direct the Contractor to prepare a revised Recovery Schedule and comply with all of the requirements of a Schedule Revision as stated herein and the other requirements of the Contract Documents; provided, however, that nothing herein shall limit in any way the rights and remedies of the Owner as provided elsewhere in the Contract Documents. (ii) If the Owner determines the Contractor has successfully complied with provisions XxXXX of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Owner will direct Project Schedule, deliver the Contractor same to return TxDOT and proceed in accordance with the approved Recovery Schedule. 3.9.4 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the use D&C Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the D&C Price is permitted for Acceleration Costs in accordance with Sections 12.2.1(c) or 12.3.2(e). 3.9.5 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments for D&C Work until such time as Developer has prepared and TxDOT has approved Project such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. A. Should the approved Project Schedule show If, at any time during Contractor's performancethe prosection of the work, (i) should any updated CPM Schedule or progress report show that any activity on the critical path of the CPM Schedule is delayed such that any stage of completion under the Project Schedule, including Commercial Operation, will occur thirty (30) or more days after the applicable completion date set forth in the sole opinion of Project Schedule, including the Owner, that the Contractor is fourteen (14) days or more behind schedule for any specific critical path milestone dateGuaranteed Commercial Operation Date, or should Contractor fail to provide a current updated CPM Schedule in compliance with the requirements of this Agreement and owner reasonably determines that any activity on the critical path is delayed such that any stage of completion under the Project Schedule will occur thirty (30) or more days after the applicable completion date set forth in the Project Schedule and (ii) Contractor be required or any of its Subcontractors or Sub-subcontractors are responsible for such delay, Owner may, in addition to undertake remedial actions any other remedies that it may have under this SectionAgreement, the Contractor shall submit require that contractor prepare, at Contractor's cost, a Recovery Schedule schedule to the Owner within five (5) days after receiving a written request from the Owner. The Recovery Schedule shall explain and display how the Contractor it intends to reschedule its Work at no additional cost to the Owner, in order to regain compliance with the Project Schedule during the immediate subsequent pay period. B. If the Contractor believes that all of the time can be recovered during the subsequent pay period, the Contractor will be permitted to prepare a ("Recovery Schedule as set forth belowSchedule"). However, if the Contractor believes it will take more than thirty within seven (307) days to recover all of the lost timereceipt of a written request from Owner, it shall prepare and submit a request for revision of the Project Schedule and comply with all of the requirements for a Schedule Revision. 1. The Contractor shall prepare the Recovery Schedule and submit it to the Owner a one-month maximum duration Recovery Schedule, incorporating best available information from Subcontractors and others which will permit return to the approved Project Schedule at the earliest possible timefor its review. The Contractor shall prepare a Recovery Schedule to the same level of detail as the Project Schedule for a maximum duration of one month. This Recovery Schedule shall be prepared in coordination represent Contractor's best judgment as to how it shall regain compliance with other separate Contractors on the Project. 2Project Schedule. Within two (2) days after submission of Recovery Schedule to the Owner, the Contractor shall participate in a conference with the Owner, and with any other person whom Owner designates to participate, to review and evaluate the Recovery Schedule. Within two (2) days Any revisions necessary as a result of that conferencethis review shall be resubmitted for review by Owner. In preparing and executing the Recovery Schedule, the Contractor shall submit the revisions necessitated by the review for the Owner’s review and approval. The Contractor shall use the approved Recovery Schedule as his plan for returning take all reasonably necessary steps to regain compliance with the Project Schedule. 3, including establishing additional shifts, hiring additional manpower, paying or authorizing overtime, providing additional Construction Equipment, and resequencing activities. The costs incurred by Contractor in executing the Recovery Schedule shall confer continuously with be to Contractor's account. Owner's requirement, review and approval of the Owner Recovery Schedule shall not relieve Contractor of any obligations for performance of the Work, change any dates in the Project Schedule or be construed to assess establish the effectiveness reasonableness of the Recovery Schedule. As a result of these conferences, In the Owner will direct the Contractor as follows: (i) If the Owner determines the Contractor is still behind schedule, the Owner will direct the Contractor to prepare a revised Recovery Schedule and comply with all of the requirements event of a Schedule Revision as stated herein and Dispute between the other requirements parties regarding any entitlement to execution of the Contract Documents; provided, however, that nothing herein shall limit in any way the rights and remedies of the Owner as provided elsewhere in the Contract Documents. (ii) If the Owner determines the Contractor has successfully complied with provisions of the a Recovery Schedule, either Party shall have the Owner will direct right to refer the Dispute for resolution in accordance with ARTICLE XXV. Pending resolution of any such Dispute, Contractor to return to the use shall continue its performance of the approved Project Schedulework in accordance with this Agreement.

Recovery Schedule. A. Should the approved Project Schedule show at any time during Contractor's performance, in the sole opinion of the Owner, that the Contractor is fourteen (14) days or more behind schedule for any specific critical path milestone date, or should the Contractor be required to undertake remedial actions under this Section, the Contractor shall submit a Recovery Schedule to the Owner within five (5) days after receiving a written request from the Owner. The Recovery Schedule shall explain and display how the Contractor intends to reschedule its Work at no additional cost to the Owner, in order to regain compliance with the Project Schedule during the immediate subsequent pay period. B. If the Contractor believes that all of the time can be recovered during the subsequent pay period, the Contractor will be permitted to prepare a Recovery Schedule as set forth below. However, if the Contractor believes it will take more than thirty (30) days to recover all of the lost time, it shall prepare and submit a request for revision of the Project Schedule and comply with all of the requirements for a Schedule Revision. 1. The Contractor shall prepare and submit to the Owner a one-month maximum duration Recovery Schedule, incorporating best available information from Subcontractors and others which will permit return to the approved Project Schedule at the earliest possible time. The Contractor shall prepare a Recovery Schedule to the same level of detail as the Project Schedule for a maximum duration of one month. This Recovery Schedule shall be prepared in coordination with other separate Contractors on the Project. 2. Within within two (2) days after submission of Recovery Schedule to the Owner, the Contractor shall participate in a conference with the Owner to review and evaluate the Recovery Schedule. Within within two (2) days of that conference, the Contractor shall submit the revisions necessitated by the review for the Owner’s review and approval. The Contractor shall use the approved Recovery Schedule as his plan for returning to the Project Schedule. 3. Contractor shall confer continuously with the Owner to assess the effectiveness of the Recovery Schedule. As a result of these conferences, the Owner will direct the Contractor as follows: (i) If the Owner determines the Contractor is still behind schedule, the Owner will direct the Contractor to prepare a revised Recovery Schedule and comply with all of the requirements of a Schedule Revision as stated herein and the other requirements of the Contract Documents; provided, however, that nothing herein shall limit in any way the rights and remedies of the Owner as provided elsewhere in the Contract Documents. (ii) If the Owner determines the Contractor has successfully complied with provisions of the Recovery Schedule, the Owner will direct the Contractor to return to the use of the approved Project Schedule.

Recovery Schedule. A. Should the approved Project Construction Schedule show at any time during ContractorCMR's performance, in the sole opinion of the Owner, that the Contractor CMR is fourteen (14) 14 days or more behind schedule for any specific critical path milestone date, or should the Contractor CMR be required to undertake remedial actions under Paragraph 10.7 of this Sectionsection, the Contractor CMR shall submit a Recovery Schedule to the Owner within five (5) days after receiving a written request from the OwnerOwner to do so. The Recovery Schedule shall explain and display how the Contractor CMR intends to reschedule its Work at no additional cost to the Owner, in order to regain compliance with the Project Schedule during the immediate subsequent pay period. B. If the Contractor CMR believes that all of the time can be recovered during the subsequent pay period, the Contractor CMR will be permitted to prepare a Recovery Schedule as set forth below. However, if the Contractor CMR believes it will take more than thirty (30) days to recover all of the lost time, it shall prepare and submit a request for revision of the Project Construction Schedule and comply with all of the requirements for a Schedule Revision. 1. The Contractor CMR shall prepare and submit to the Owner a one-month maximum duration Recovery Schedule, incorporating best available information from Subcontractors and others which will permit return to the approved Project Schedule at the earliest possible time. The Contractor CMR shall prepare a Recovery Schedule to the same level of detail as the Project Schedule for a maximum duration of one month. This Recovery Schedule shall be prepared in coordination with other separate Contractors on the Project. 2. Within two (2) days Working Days after submission of Recovery Schedule to the Owner, the Contractor CMR shall participate in a conference with the Owner to review and evaluate the Recovery Schedule. Within two (2) days Working Days of that the conference, the Contractor CMR shall submit the revisions necessitated by the review for the Owner’s review and approval. The Contractor CMR shall use the approved Recovery Schedule as his its plan for returning to the Project Construction Schedule. 3. Contractor CMR shall confer continuously with the Owner to assess the effectiveness of the Recovery Schedule. As a result of these conferences, the Owner will direct the Contractor as follows:the (i) If the Owner determines the Contractor CMR is still behind schedule, the Owner will direct the Contractor CMR to prepare a revised Recovery Schedule and comply with all of the requirements of a Schedule Revision as stated herein and the other requirements of the Contract Documents; provided, however, that nothing herein shall limit in any way the rights and remedies of the Owner as provided elsewhere in the Contract Documents. (ii) If the Owner determines the Contractor CMR has successfully complied with provisions of the Recovery Schedule, the Owner will direct the Contractor CMR to return to the use of the approved Project Schedule.

Recovery Schedule. A. Should 5.5.1 In accordance with Technical Provision 5, a Recovery Schedule is required at the approved Project Schedule show at request of the Alamo RMA, whenever Design/Builder's Development Work is delayed on any time during Contractor's performanceCritical Path deadline date for a period which exceeds the lesser of (a) 60 Days in the aggregate or (b) that number of Days which, in the sole opinion aggregate, is equal to 10% of the OwnerDays remaining until the Interim Completion Deadline or Completion Deadline for the Project.1 In such event, that Design/Builder shall include, as part of the Contractor is fourteen (14) days or more behind schedule for any specific critical path milestone datenext Monthly Update revision submittal, or should the Contractor be required to undertake remedial actions under this Section, the Contractor shall submit a Recovery Schedule demonstrating Design/Builder’s program and proposed plan to the Owner within five (5) days after receiving a written request from the Owner. The Recovery address Project Schedule shall explain and display how the Contractor intends to reschedule its Work at no additional cost to the Owner, delays in order to regain compliance with the Project Schedule during the immediate subsequent pay period. B. If the Contractor believes that all achieve Interim Substantial Completion of the time can be recovered during Interim Milestone by the subsequent pay periodInterim Completion Deadline, the Contractor will be permitted to prepare a Recovery Schedule as set forth below. However, if the Contractor believes it will take more than thirty (30) days to recover all of the lost time, it shall prepare and submit a request for revision Substantial Completion of the Project Schedule by the Completion Deadline and comply with all Final Acceptance of the requirements for a Schedule RevisionProject by the Acceptance Deadline. 1. The Contractor shall prepare 5.5.2 All costs incurred by Design/Builder in preparing and submit to implementing the Owner a one-month maximum duration Recovery Schedule, incorporating best available information from Subcontractors and others which will permit return to the approved Project Schedule at the earliest possible time. The Contractor shall prepare a Recovery Schedule to the same level of detail as the Project Schedule for a maximum duration of one month. This Recovery Schedule shall be prepared borne by Design/Builder and shall not result in coordination a change to the Development Price, except to the extent permitted in accordance with other separate Contractors on the ProjectSection 14. 2. Within two (2) days after submission of 5.5.3 If a Recovery Schedule would be required in order to achieve Interim Substantial Completion of the OwnerInterim Milestone by the Interim Completion Deadline or Substantial Completion of the Project by the Completion Deadline as the result of an event described in Section 14 and Design/Builder would be entitled under this Agreement to an increase in the Development Price to implement such Recovery Schedule, the Contractor Alamo RMA shall participate have the right, in its sole discretion, to decide whether to allow a conference with the Owner time extension or to review and evaluate the Recovery Schedule. Within two (2) days of that conference, the Contractor shall submit the revisions necessitated by the review for the Owner’s review and approval. The Contractor shall use the approved Recovery Schedule as his plan for returning to the Project Schedule. 3. Contractor shall confer continuously with the Owner to assess the effectiveness require implementation of the Recovery ScheduleSchedule without such time extension, provided that provision by Design/Builder of such a Recovery Schedule is commercially reasonable. As In such event, Design/Builder shall submit to the Alamo RMA at least two alternative Change Order forms, one of which shall include a result of these conferences, the Owner will direct the Contractor as follows: (i) If the Owner determines the Contractor is still behind schedule, the Owner will direct the Contractor to prepare a revised Recovery Schedule and comply show the proposed Acceleration Costs associated with all of the requirements of a Schedule Revision as stated herein and the other requirements of the Contract Documents; provided, however, that nothing herein shall limit in any way the rights and remedies of the Owner as provided elsewhere in the Contract Documents. (ii) If the Owner determines the Contractor has successfully complied with provisions of the Recovery Schedule, and the Owner will direct other of which shall provide for an extension of the Contractor Interim Completion Deadline and/or Completion Deadline without any increase in the Development Price (except as provided in Section 14). If the Alamo RMA elects to return implement the Recovery Schedule in lieu of a time extension, the Alamo RMA shall issue a Change Order increasing the Development Price to account for and include the additional Acceleration Costs. If it is not feasible to regain the time lost under the Project Schedule so as to meet the Interim Completion Deadline or Completion Deadline or if Design/Builder believes that the Acceleration Costs 1 For example, if there are 70 Days remaining to the use Interim Completion Deadline or Completion Deadline for the Project, 10% of that number would be 7 Days. In that case, Design/Builder would be obligated to provide a Recovery Schedule if Design/Builder was behind schedule by more than 7 Days. associated with such a recovery are prohibitive, then Design/Builder shall recommend a time extension in the approved Project ScheduleChange Order form. 5.5.4 If a Recovery Schedule is required hereunder, Design/Builder shall have no right to receive progress payments until such time as Design/Builder has prepared and provided the Alamo RMA such Recovery Schedule in writing. 5.5.5 Notwithstanding anything in the Contract Documents to the contrary, there shall be no Event of Default for Design/Builder’s unexcused delay in achieving the Completion Deadline, Interim Completion Deadline or Acceptance Deadline by the dates allowed under the Contract Documents or Design/Builder’s provision of a schedule showing an unexcused delay in achieving any such deadlines so long as (i) such delay is no greater than 365 days and (ii) notwithstanding the liability cap contained in Section 18.3 hereof, the Design/Builder pays Liquidated Damages to the Alamo RMA for each day of actual delay beyond the applicable completion or acceptance deadline. Notwithstanding any approval rights that the Alamo RMA may have concerning a Recovery Schedule or anything else in the Contract Documents to the contrary, the amount of recovery and Design/Builder’s means and methods of recovery, shall be in the Design/Builder’s discretion so long as the Design/Builder’s unexcused delay meets the requirements set forth in the preceding sentence.

Recovery Schedule. A. Should the approved Project Schedule show at any time during Contractor's performance, in the sole opinion of the Owner, that the Contractor is fourteen (14) days or more behind schedule for any specific critical path milestone date, or should the Contractor be required to undertake remedial actions under this Section, the Contractor shall submit a Recovery Schedule to the Owner within five (5) days after receiving a written request from the Owner. The Recovery Schedule shall explain and display how the Contractor intends to reschedule its Work at no additional cost to the Owner, in order to regain compliance with the Project Schedule during the immediate subsequent pay period. B. If the Contractor believes that all of the time can be recovered during the subsequent pay period, the Contractor will be permitted to prepare a Recovery Schedule as set forth below. However, if the Contractor believes it will take more than thirty (30) days to recover all of the lost time, it shall prepare and submit a request for revision of the Project Schedule and comply with all of the requirements for a Schedule Revision. 1. The Contractor shall prepare and submit to the Owner a one-month maximum duration Recovery Schedule, incorporating best available information from Subcontractors and others which will permit return to the approved Project Schedule at the earliest possible time. The Contractor shall prepare a Recovery Schedule to the same level of detail as the Project Schedule for a maximum duration of one month. This Recovery Schedule shall be prepared in coordination with other separate Contractors on the Project. 2. Within within two (2) days after submission of Recovery Schedule to the Owner, the Contractor shall participate in a conference with the Owner to review and evaluate the Recovery Schedule. Within within two (2) days of that conference, the Contractor shall submit the revisions necessitated by the review for the Owner’s review and approval. The Contractor shall use the approved Recovery Schedule as his plan for returning to the Project Schedule. 3. Contractor shall confer continuously with the Owner to assess the effectiveness of the Recovery Schedule. As a result of these conferences, the Owner will direct the Contractor as follows: (i) If the Owner determines the Contractor is still behind schedule, the Owner will direct the Contractor to prepare a revised Recovery Schedule and comply with all of the requirements of a Schedule Revision as stated herein and the other requirements of the Contract Documents; provided, however, that nothing herein shall limit in any way the rights and remedies of the Owner as provided elsewhere in the Contract Documents. (ii) If the Owner determines the Contractor has successfully complied with provisions of the Recovery Schedule, the Owner will direct the Contractor to return to the use of the approved Project Schedule.and

Recovery Schedule. A. Should the approved Project Construction Schedule show at any time during ContractorCMR's performance, in the sole opinion of the Owner, that the Contractor CMR is fourteen (14) 14 days or more behind schedule for any specific critical path milestone date, or should the Contractor CMR be required to undertake remedial actions under Paragraph 10.7 of this Sectionsection, the Contractor CMR shall submit a Recovery Schedule to the Owner within five (5) days after receiving a written request from the OwnerOwner to do so. The Recovery Schedule shall explain and display how the Contractor CMR intends to reschedule its Work at no additional cost to the Owner, in order to regain compliance with the Project Construction Schedule during the immediate subsequent pay period. B. If the Contractor CMR believes that all of the time can be recovered during the subsequent pay period, the Contractor CMR will be permitted to prepare a Recovery Schedule as set forth below. However, if the Contractor CMR believes it will take more than thirty (30) days to recover all of the lost time, it shall prepare and submit a request for revision of the Project Construction Schedule and comply with all of the requirements for a Schedule Revision. 1. The Contractor CMR shall prepare and submit to the Owner a one-month maximum duration Recovery Schedule, incorporating best available information from Subcontractors and others which will permit return to the approved Project Construction Schedule at the earliest possible time. The Contractor CMR shall prepare a Recovery Schedule to the same level of detail as the Project Construction Schedule for a maximum duration of one month. This Recovery Schedule shall be prepared in coordination with other separate Contractors on the Project. 2. Within two (2) days after submission of Recovery Schedule to the Owner, the Contractor CMR shall participate in a conference with the Owner to review and evaluate the Recovery Schedule. Within two (2) days of that the conference, the Contractor CMR shall submit the revisions necessitated by the review for the Owner’s review and approval. The Contractor CMR shall use the approved Recovery Schedule as his its plan for returning to the Project Construction Schedule. 3. Contractor CMR shall confer continuously with the Owner to assess the effectiveness of the Recovery Schedule. As a result of these conferences, the Owner will direct the Contractor CMR as follows: (i) If the Owner determines the Contractor CMR is still behind schedule, the Owner will direct the Contractor CMR to prepare a revised Recovery Schedule and comply with all of the requirements of a Schedule Revision as stated herein and the other requirements of the Contract Documents; provided, however, that nothing herein shall limit in any way the rights and remedies of the Owner as provided elsewhere in the Contract Documents. (ii) If the Owner determines the Contractor CMR has successfully complied with provisions of the Recovery Schedule, the Owner will direct the Contractor CMR to return to the use of the approved Project Construction Schedule.