Common use of The Construction Schedule Clause in Contracts

The Construction Schedule. (a) Project Co shall: (i) review the proposed schedules and deadlines of Owner for each Phase of the Work and where Owner has not specified particular dates for occupancy of Phases of the Work, Project Co shall set those dates so as to achieve occupancy of such Phases of the Work on an as early as achievable basis and include them in its proposed Construction Schedule under Section 12.1(a)(ii). (ii) prepare and submit to Owner and the Consultant as soon as practical and in any event within 45 days of Financial Close, a detailed computerized Construction Schedule using a critical path method (“CPM”) network and a Construction Schedule dependent cash flow forecast, each in a form approved by Owner. The planning and schedule software shall be “Primavera Project Planner” with the most current release available to be used. The Construction Schedule and any other schedule related reporting requirements of Project Co shall conform to the phasing and sequencing requirements for the Work as set out in the Contract Documents, including the work to be completed by Owner’s own forces or by other contractors, the Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date, the Scheduled Final Completion Date, the Specifications included in Division 1 of the Contract Documents, including, the sequencing requirements, and shall include the requirements, if any, of Section 3.2(d)(iv), the schedule for Commissioning of the Work and for achieving the applicable Phased Occupancy Dates, Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date. Owner and the Consultant will respond to Project Co, in writing, within 10 Business Days of receipt of the Construction Schedule, with either its detailed comments or acceptance of the Construction Schedule as complete; (iii) in the event that Owner and the Consultant do not accept Project Co’s initial Construction Schedule submission as complete, Project Co shall re-submit the Construction Schedule as many times as necessary, revised in accordance with Owner’s and the Consultant’s detailed comments and each re-submission shall be provided within 5 Business Days of receipt of the Consultant’s and Owner’s detailed comments, who in turn shall also respond within 5 Business Days. When the Construction Schedule has been accepted as complete by Owner and the Consultant, it shall be the baseline Construction Schedule against which Project Co shall monitor progress of the Work; (iv) advise the Consultant promptly of any error or omission in the Construction Schedule and correct such error or omission; (v) continuously monitor the progress of the Work in relation to the Construction Schedule and the cash flow and update the Construction Schedule and the cash flow forecast with the monthly construction status report under Section 18.1(e), maintain the continuity of the Construction Schedule’s CPM network for all updates and revisions and immediately notify Owner of any variance or potential variance in the scheduled completion dates; (vi) advise the Consultant of any revisions required to the Construction Schedule as a result of extension of the Contract Time in accordance with Schedule 11 – Change Procedure; (vii) identify potential variances between scheduling and scheduled completion dates, review the schedule of Work not started or incomplete and implement necessary adjustments in the Construction Schedule in order to meet the Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date set out in the Construction Schedule, including the movement of manpower and equipment in response to availability of work areas; (viii) comply with the Construction Schedule so as not to interfere with the activities of Owner in the Existing Facility; (ix) monitor the Subcontractors’ personnel staffing and equipment and the availability of materials and supplies in order to meet the Construction Schedule and take appropriate courses of action when the requirements of a Subcontract with any Project Co Party are not met; (x) obtain from Project Co Parties a schedule showing the order number, vendor’s name, shop drawing status, manufacturing lead time and delivery date of all critical material and equipment required for the Work; (xi) pre-order equipment, materials and supplies where necessitated by cost and/or time factors and expedite delivery of critical items; and (xii) in consultation with the Owner’s Project Manager and the Consultant, include in the Construction Schedule the integration of the equipment specifications, rough-in requirements, supply and installation, including of Owner’s equipment to ensure that the ordering, delivery, receiving and supply of equipment does not impact on the Construction Schedule.

The Construction Schedule. (a) Project Co shall: (i) review the proposed schedules and deadlines of Owner CMH for each Phase of the Work and where Owner CMH has not specified particular dates for occupancy of Phases of the WorkPhases, Project Co shall set those dates so as to achieve occupancy of such Phases of the Work on an as early as achievable basis and include them in its proposed Construction Schedule under Section 12.1(a)(ii).; (ii) prepare and submit to Owner CMH and the Consultant as soon as practical and in any event within 45 days of Financial Close, a detailed computerized Construction Schedule (in both hard paper copy and computer readable soft copy) using a critical path method (“CPM”) network and a Construction Schedule dependent cash flow forecast, each in a form approved by OwnerCMH. The planning and schedule software shall be “Primavera Project PlannerPrimavera” with the most current release available to be used. The Construction Schedule and any other schedule related reporting requirements of Project Co shall conform to the phasing and sequencing requirements for the Work as set out in the Contract Documents, including the work to be completed by OwnerCMH’s own forces or by other contractors, the applicable Phased Occupancy Dates, the Scheduled Phase 1 Interim Completion Date, the Scheduled Substantial Completion Date, the Scheduled Final Completion Date, the Specifications included in Division 1 of the Contract Documents, including, the sequencing requirements, and shall include the requirements, if any, of Section 3.2(d)(iv), the schedule for Commissioning of the Work and for achieving the applicable Phased Occupancy Dates, the Scheduled Phase 1 Interim Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date. Owner CMH and the Consultant will respond to Project Co, in writing, within 10 Business Days of receipt of the each Construction Schedule, with either its detailed comments or acceptance of the such Construction Schedule as complete; (iii) in the event that Owner CMH and the Consultant do not accept Project Co’s initial Construction Schedule submission as complete, Project Co shall re-re- submit the such Construction Schedule as many times as necessary, revised in accordance with OwnerCMH’s and the Consultant’s detailed comments and each re-submission shall be provided within 5 Business Days of receipt of the Consultant’s and OwnerCMH’s detailed comments, who in turn shall also respond within 5 Business Days. When the Construction Schedule has been accepted as complete by Owner CMH and the Consultant, it shall be the baseline Construction Schedule against which Project Co shall monitor progress of the WorkWork for the Project; (iv) advise the Consultant promptly of any error or omission in the Construction Schedule and correct such error or omission; (v) continuously monitor the progress of the Work in relation to the Construction Schedule and the cash flow and update the Construction Schedule Schedules and the cash flow forecast with the monthly construction status report under Section 18.1(e18.2(a), maintain the continuity of the Construction Schedule’s CPM network for all updates and revisions and immediately notify Owner CMH of any variance or potential variance in the scheduled completion dates; (vi) advise the Consultant of any revisions required to the Construction Schedule as a result of extension of the Contract Time in accordance with Schedule 11 – Change Procedure; (vii) identify potential variances between scheduling and scheduled completion dates, review the schedule of Work not started or incomplete and implement necessary adjustments in the Construction Schedule in order to meet the Scheduled Phase 1 Interim Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date set out in the such Construction Schedule, including the movement of manpower and equipment in response to availability of work areas; (viii) comply with the Construction Schedule so as not to interfere with the activities of Owner CMH in the Existing Facility; (ix) monitor the Subcontractors’ personnel staffing and equipment and the availability of materials and supplies in order to meet the Construction Schedule Schedules and take appropriate courses of action when the requirements of a Subcontract with any Project Co Party are not met; (x) obtain from Project Co Parties a schedule showing the order number, vendor’s name, shop drawing status, manufacturing lead time and delivery date of all critical material and equipment required for the Work; (xi) pre-order equipment, materials and supplies where necessitated by cost and/or time factors and expedite delivery of critical items; and (xii) in consultation with the OwnerCMH’s Project Manager and the Consultant, include in the Construction Schedule the integration of the equipment specifications, rough-in requirements, supply and installation, including of OwnerCMH’s equipment to ensure that the ordering, delivery, receiving and supply of equipment does not impact on the Construction Schedule.

The Construction Schedule. (a) Project Co shall: (i) review the proposed schedules and deadlines of Owner for each Phase of the Work and where Owner has not specified particular dates for occupancy of Phases of the Work, Project Co shall set those dates so as to achieve occupancy of such Phases of the Work on an as early as achievable basis and include them in its proposed Construction Schedule under Section 12.1(a)(ii).; (ii) prepare and submit to Owner and the Consultant as soon as practical and in any event within 45 days of Financial Close, a detailed computerized Construction Schedule using a critical path method (“CPM”) network and a Construction Schedule dependent cash flow forecast, each in a form approved by Owner. The planning and schedule software shall be “Primavera Project Planner” with the most current release available to be usedused with a copy to be provided in “MS Project”. Whenever information is provided in both such formats, if there is any conflict or inconsistency between the version of such information provided in Primavera Project Planner and the copy provided in MS Project, then the Primavera Project Planner version shall govern. The Construction Schedule and any other schedule related reporting requirements of Project Co shall conform to the phasing and sequencing requirements for the Work as set out in the Contract Documents, including the work to be completed by Owner’s own forces or by other contractors, the Scheduled Phase 1 Completion DatePhased Occupancy Dates, the Scheduled Substantial Completion Date, the Scheduled Final Completion Date, the Specifications included in Division 1 of the Contract Documents, including, the sequencing requirements, and shall include the requirements, if any, of Section 3.2(d)(iv), the schedule for Commissioning of the Work and for achieving the applicable Phased Occupancy Dates, Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date. Owner and the Consultant will respond to Project Co, in writing, within 10 Business Days of receipt of the Construction Schedule, with either its detailed comments or acceptance of the Construction Schedule as complete; (iii) in the event that Owner and the Consultant do not accept Project Co’s initial Construction Schedule submission as complete, Project Co shall re-submit the Construction Schedule as many times as necessary, revised in accordance with Owner’s and the Consultant’s detailed comments and each re-submission shall be provided within 5 Business Days of receipt of the Consultant’s and Owner’s detailed comments, who in turn shall also respond within 5 Business Days. When the Construction Schedule has been accepted as complete by Owner and the Consultant, it shall be the baseline Construction Schedule against which Project Co shall monitor progress of the Work; (iv) advise the Consultant promptly of any error or omission in the Construction Schedule and correct such error or omission; (v) continuously monitor the progress of the Work in relation to the Construction Schedule and the cash flow and update the Construction Schedule and the cash flow forecast with the monthly construction status report under Section 18.1(e18.2(a), maintain the continuity of the Construction Schedule’s CPM network for all updates and revisions and immediately notify Owner of any variance or potential variance in the scheduled completion dates; (vi) advise the Consultant of any revisions required to the Construction Schedule as a result of extension of the Contract Time in accordance with Schedule 11 – Change Procedure; (vii) identify potential variances between scheduling and scheduled completion dates, review the schedule of Work not started or incomplete and implement necessary adjustments in the Construction Schedule in order to meet the Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date set out in the Construction Schedule, including the movement of manpower and equipment in response to availability of work areas; (viii) comply with the Construction Schedule so as not to interfere with the activities of Owner in the Existing Facility; (ix) monitor the Subcontractors’ personnel staffing and equipment and the availability of materials and supplies in order to meet the Construction Schedule and take appropriate courses of action when the requirements of a Subcontract with any Project Co Party are not met; (x) obtain from Project Co Parties a schedule showing the order number, vendor’s name, shop drawing status, manufacturing lead time and delivery date of all critical material and equipment required for the Work; (xi) pre-order equipment, materials and supplies where necessitated by cost and/or time factors and expedite delivery of critical items; and (xii) in consultation with the Owner’s Project Manager and the Consultant, include in the Construction Schedule the integration of the equipment specifications, rough-in requirements, supply and installation, including of Owner’s equipment to ensure that the ordering, delivery, receiving and supply of equipment does not impact on the Construction Schedule.

The Construction Schedule. (a) Project Co shall: (i) review the proposed schedules and deadlines of Owner for each Phase of the Work and where Owner has not specified particular dates for occupancy of Phases of the Work, Project Co shall set those dates so as to achieve occupancy of such Phases of the Work on an as early as achievable basis and include them in its proposed Construction Schedule under Section 12.1(a)(ii).; (ii) prepare and submit to Owner and the Consultant as soon as practical and in any event within 45 days of Financial Close, a detailed computerized Construction Schedule using a critical path method (“CPM”) network and a Construction Schedule dependent cash flow forecast, each in a form approved by Owner. The planning and schedule software shall be “Primavera Project PlannerPrimavera” with the most current release available to be used. The Construction Schedule and any other schedule related reporting requirements of Project Co shall conform to the phasing and sequencing requirements for the Work as set out in the Contract Documents, including the work to be completed by Owner’s own forces or by other contractors, the Scheduled Phase 1 Completion DatePhased Occupancy Dates, the Scheduled Substantial Completion Date, the Scheduled Final Completion Date, the Specifications included in Division 1 of the Contract Documents, including, the sequencing requirements, and shall include the requirements, if any, of Section 3.2(d)(iv), the schedule for Commissioning of the Work and for achieving the applicable Phased Occupancy Dates, Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date. Owner and the Consultant will respond to Project Co, in writing, within 10 Business Days of receipt of the Construction Schedule, with either its detailed comments or acceptance of the Construction Schedule as complete; (iii) in the event that Owner and the Consultant do not accept Project Co’s initial Construction Schedule submission as complete, Project Co shall re-re- submit the Construction Schedule as many times as necessary, revised in accordance with Owner’s and the Consultant’s detailed comments and each re-submission shall be provided within 5 Business Days of receipt of the Consultant’s and Owner’s detailed comments, who in turn shall also respond within 5 Business Days. When the Construction Schedule has been accepted as complete by Owner and the Consultant, it shall be the baseline Construction Schedule against which Project Co shall monitor progress of the Work; (iv) advise the Consultant promptly of any error or omission in the Construction Schedule and correct such error or omission; (v) continuously monitor the progress of the Work in relation to the Construction Schedule and the cash flow and update the Construction Schedule and the cash flow forecast with the monthly construction status report under Section 18.1(e18.2(a), maintain the continuity of the Construction Schedule’s CPM network for all updates and revisions and immediately notify Owner of any variance or potential variance in the scheduled completion dates; (vi) advise the Consultant of any revisions required to the Construction Schedule as a result of extension of the Contract Time in accordance with Schedule 11 – Change Procedure; (vii) identify potential variances between scheduling and scheduled completion dates, review the schedule of Work not started or incomplete and implement necessary adjustments in the Construction Schedule in order to meet the Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date set out in the Construction Schedule, including the movement of manpower and equipment in response to availability of work areas; (viii) comply with the Construction Schedule so as not to interfere with the activities of Owner in the Existing Facility; (ix) monitor the Subcontractors’ personnel staffing and equipment and the availability of materials and supplies in order to meet the Construction Schedule and take appropriate courses of action when the requirements of a Subcontract with any Project Co Party are not met; (x) obtain from Project Co Parties a schedule showing the order number, vendor’s name, shop drawing status, manufacturing lead time and delivery date of all critical material and equipment required for the Work; (xi) pre-order equipment, materials and supplies where necessitated by cost and/or time factors and expedite delivery of critical items; and (xii) in consultation with the Owner’s Project Manager and the Consultant, include in the Construction Schedule the integration of the equipment specifications, rough-in requirements, supply and installation, including of Owner’s equipment to ensure that the ordering, delivery, receiving and supply of equipment does not impact on the Construction Schedule.

The Construction Schedule. (a) Project Co shall: (i) review the proposed schedules and deadlines of Owner for each Phase of the Work and where Owner has not specified particular dates for occupancy of Phases of the Work, Project Co shall set those dates so as to achieve occupancy of such Phases of the Work on an as early as achievable basis and include them in its proposed Construction Schedule under Section 12.1(a)(ii).; (ii) prepare and submit to Owner and the Consultant as soon as practical and in any event within 45 days of Financial Close, a detailed computerized Construction Schedule using a critical path method (“CPM”) network and a Construction Schedule dependent cash flow forecast, each in a form approved by Owner. The planning and schedule software shall be “Primavera Project Planner” with the most current release available to be used. The Construction Schedule and any other schedule related reporting requirements of Project Co shall conform to the phasing and sequencing requirements for the Work as set out in the Contract Documents, including the work to be completed by Owner’s own forces or by other contractors, the Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date, the Scheduled Final Completion Date, the Specifications included in Division 1 of the Contract Documents, including, the sequencing requirements, and shall include the requirements, if any, of Section 3.2(d)(iv), the schedule for Commissioning of the Work and for achieving the applicable Phased Occupancy Dates, Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date. Owner and the Consultant will respond to Project Co, in writing, within 10 Business Days of receipt of the Construction Schedule, with either its detailed comments or acceptance of the Construction Schedule as complete; (iii) in the event that Owner and the Consultant do not accept Project Co’s initial Construction Schedule submission as complete, Project Co shall re-submit the Construction Schedule as many times as necessary, revised in accordance with Owner’s and the Consultant’s detailed comments and each re-submission shall be provided within 5 Business Days of receipt of the Consultant’s and Owner’s detailed comments, who in turn shall also respond within 5 Business Days. When the Construction Schedule has been accepted as complete by Owner and the Consultant, it shall be the baseline Construction Schedule against which Project Co shall monitor progress of the Work; (iv) advise the Consultant promptly of any error or omission in the Construction Schedule and correct such error or omission; (v) continuously monitor the progress of the Work in relation to the Construction Schedule and the cash flow and update the Construction Schedule and the cash flow forecast with the monthly construction status report under Section 18.1(e), maintain the continuity of the Construction Schedule’s CPM network for all updates and revisions and immediately notify Owner of any variance or potential variance in the scheduled completion dates; (vi) advise the Consultant of any revisions required to the Construction Schedule as a result of extension of the Contract Time in accordance with Schedule 11 – Change Procedure; (vii) identify potential variances between scheduling and scheduled completion dates, review the schedule of Work not started or incomplete and implement necessary adjustments in the Construction Schedule in order to meet the Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date set out in the Construction Schedule, including the movement of manpower and equipment in response to availability of work areas; (viii) comply with the Construction Schedule so as not to interfere with the activities of Owner in the Existing Facility; (ix) monitor the Subcontractors’ personnel staffing and equipment and the availability of materials and supplies in order to meet the Construction Schedule and take appropriate courses of action when the requirements of a Subcontract with any Project Co Party are not met; (x) obtain from Project Co Parties a schedule showing the order number, vendor’s name, shop drawing status, manufacturing lead time and delivery date of all critical material and equipment required for the Work; (xi) pre-order equipment, materials and supplies where necessitated by cost and/or time factors and expedite delivery of critical items; and (xii) in consultation with the Owner’s Project Manager and the Consultant, include in the Construction Schedule the integration of the equipment specifications, rough-in requirements, supply and installation, including of Owner’s equipment to ensure that the ordering, delivery, receiving and supply of equipment does not impact on the Construction Schedule.

The Construction Schedule. (a) Project Co shall: (i) review the proposed schedules and deadlines of Owner for each Phase of the Work and where Owner has not specified particular dates for occupancy of Phases of the Work, Project Co shall set those dates so as to achieve occupancy of such Phases of the Work on an as early as achievable basis and include them in its proposed Construction Schedule under Section 12.1(a)(ii).; (ii) prepare and submit to Owner and the Consultant as soon as practical and in any event within 45 days of Financial Close, a detailed computerized Construction Schedule using a critical path method (“CPM”) network and a Construction Schedule dependent cash flow forecast, each in a form approved by Owner. The planning and schedule software shall be “Primavera Project Planner” with the most current release available to be used. The Construction Schedule and any other schedule related reporting requirements of Project Co shall conform to the phasing and sequencing requirements for the Work as set out in the Contract Documents, including the work to be completed by Owner’s own forces or by other contractors, the Scheduled Phase 1 Completion DatePhased Occupancy Dates, the Scheduled Substantial Completion Date, the Scheduled Final Completion Date, the Specifications included in Division 1 of the Contract Documents, including, the sequencing requirements, and shall include the requirements, if any, of Section 3.2(d)(iv), the schedule for Commissioning of the Work and for achieving the applicable Phased Occupancy Dates, Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date. Owner and the Consultant will respond to Project Co, in writing, within 10 Business Days of receipt of the Construction Schedule, with either its detailed comments or acceptance of the Construction Schedule as complete; (iii) in the event that Owner and the Consultant do not accept Project Co’s initial Construction Schedule submission as complete, Project Co shall re-submit the Construction Schedule as many times as necessary, revised in accordance with Owner’s and the Consultant’s detailed comments and each re-submission shall be provided within 5 Business Days of receipt of the Consultant’s and Owner’s detailed comments, who in turn shall also respond within 5 Business Days. When the Construction Schedule has been accepted as complete by Owner and the Consultant, it shall be the baseline Construction Schedule against which Project Co shall monitor progress of the Work; (iv) advise the Consultant promptly of any error or omission in the Construction Schedule and correct such error or omission; (v) continuously monitor the progress of the Work in relation to the Construction Schedule and the cash flow and update the Construction Schedule and the cash flow forecast with the monthly construction status report under Section 18.1(e), maintain the continuity of the Construction Schedule’s CPM network for all updates and revisions and immediately notify Owner of any variance or potential variance in the scheduled completion dates; (vi) advise the Consultant of any revisions required to the Construction Schedule as a result of extension of the Contract Time in accordance with Schedule 11 – Change Procedure; (vii) identify potential variances between scheduling and scheduled completion dates, review the schedule of Work not started or incomplete and implement necessary adjustments in the Construction Schedule in order to meet the Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date set out in the Construction Schedule, including the movement of manpower and equipment in response to availability of work areas; (viii) comply with the Construction Schedule so as not to interfere with the activities of Owner in the Existing Facility; (ix) monitor the Subcontractors’ personnel staffing and equipment and the availability of materials and supplies in order to meet the Construction Schedule and take appropriate courses of action when the requirements of a Subcontract with any Project Co Party are not met; (x) obtain from Project Co Parties a schedule showing the order number, vendor’s name, shop drawing status, manufacturing lead time and delivery date of all critical material and equipment required for the Work; (xi) pre-order equipment, materials and supplies where necessitated by cost and/or time factors and expedite delivery of critical items; and (xii) in consultation with the Owner’s Project Manager and the Consultant, include in the Construction Schedule the integration of the equipment specifications, rough-in requirements, supply and installation, including of Owner’s equipment to ensure that the ordering, delivery, receiving and supply of equipment does not impact on the Construction Schedule.

The Construction Schedule. 7.5.1 The Contractor, immediately after being awarded the Contract, shall be responsible for deriving a Construction Schedule (a) as more particularly prescribed in the Supplementary Conditions), which shall fully describe the intended method of accomplishing all the various work and related activities necessary to completion of the entire Project Co shall:hereunder. Such Construction Schedule shall demonstrate an expeditious, practicable and reasonable plan for accomplishing Substantial Completion of the Work within the Contract Time and Final Completion of the Project. (i) review the proposed schedules and deadlines 7.5.2 The Construction Schedule shall take fully into account accomplishment of such interim milestones or requirements of Owner for each Phase completion of portions of the Work at times earlier than the full Contract Time. Such milestones and where Owner has not specified particular dates for occupancy of Phases of the Work, Project Co shall set those dates so as to achieve occupancy of such Phases of the Work on an as early as achievable basis and include them in its proposed Construction Schedule under Section 12.1(a)(ii). (ii) prepare and submit to Owner and the Consultant as soon as practical and in any event within 45 days of Financial Close, a detailed computerized Construction Schedule using a critical path method (“CPM”) network and a Construction Schedule dependent cash flow forecast, each in a form approved by Owner. The planning and schedule software shall be “Primavera Project Planner” with the most current release available to be used. The Construction Schedule and any other schedule related reporting requirements of Project Co shall conform to the phasing and sequencing requirements for the Work as set out in the Contract Documents, including the work to be completed by Owner’s own forces or by other contractors, the Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date, the Scheduled Final Completion Date, the Specifications included in Division 1 of the Contract Documents, including, the sequencing requirements, and shall include the requirements, if any, shall be as prescribed in the Supplementary Conditions. 7.5.3 A preliminary Construction Schedule shall be prepared and submitted to Owner and to Architect in final proposed form, in the format prescribed in the Supplementary Conditions, no later than ten (10) days after the date of Section 3.2(d)(iv)the Owner-Contractor Agreement or the Date of Commencement of Work, whichever is earlier. This preliminary Construction Schedule should incorporate the input of major subcontractors, fabricators, and suppliers of materials or equipment which are not readily available for delivery to the Project. In submitting this preliminary Construction Schedule, Contractor warrants and represents that in his opinion and that of his major subcontractors, fabricators and suppliers, it presents a reasonable and workable plan and sequence for timely performance of all Work and further constitutes their intended plan and sequence for its accomplishment. 7.5.4 The Contractor shall be entitled to no payment under this Owner- Contractor Agreement unless and until the Contractor has so submitted the preliminary Construction Schedule in required format. 7.5.5 The Owner and Architect shall review this preliminary Construction Schedule as initially submitted; however, such review shall be only to determine its compliance with Contract requirements regarding Substantial Completion, final completion and any specified interim completion milestones or requirements. Such review shall not require an independent evaluation or determination by Owner or Architect of the workability, feasibility or reasonableness of the Contractor's proposed Construction Schedule. 7.5.6 Within ten (10) days after submission of the preliminary Construction Schedule under Subparagraph 7.5.3 above, the schedule Owner, Architect and Contractor shall jointly meet to review the preliminary Construction Schedule at the Contractor's Project office and at a time established by written notice from Architect. Within ten (10) days thereafter, Contractor shall submit a revised Construction Schedule incorporating any changes deemed necessary by the Contractor or directed by Owner or Architect. This revised Construction Schedule shall thereafter be deemed the Construction Schedule for Commissioning the Project. 7.5.7 Thereafter, the Construction Schedule shall be revised and updated in such manner and frequency as specified in the Supplementary Conditions. 7.5.8 The Construction Schedule shall be revised appropriately to reflect accurately any adjustment extending the Contract Time allowed by Architect including revision to the durations, sequences and interrelationships of activities affected by the occurrences permitting such adjustment. 7.5.9 The Contractor shall keep the Owner, the Architect and all of his Subcontractors and material suppliers fully and completely informed at all times of the Work and for achieving the applicable Phased Occupancy Dates, Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date. Owner and the Consultant will respond to Project Co, in writing, within 10 Business Days of receipt content of the Construction Schedule, other schedules and all other scheduling information applicable to or which may affect the Work of all Subcontractors and material suppliers. This information shall in all cases be furnished to the Subcontractors and material suppliers in sufficient time to allow them to adjust their plans so as to meet all required performance dates relative to their portions of the Work. 7.5.10 To the extent that any provisions of this Paragraph 7.5 are at variance with either its detailed comments or acceptance the scheduling requirements specified in the Supplementary Conditions, the latter shall govern. 7.5.11 The Owner and the Architect shall be entitled to rely fully on the content of the Construction Schedule (as complete; (iiiit may be revised) in the event that Owner planning and the Consultant do not accept Project Co’s initial Construction Schedule submission as complete, Project Co shall re-submit the Construction Schedule as many times as necessary, revised in accordance with Owner’s and the Consultant’s detailed comments and each re-submission shall be provided within 5 Business Days scheduling performance of receipt of the Consultant’s and Owner’s detailed comments, who in turn shall also respond within 5 Business Days. When the Construction Schedule has been accepted as complete by Owner and the Consultant, it shall be the baseline Construction Schedule against which Project Co shall monitor progress of the Work; (iv) advise the Consultant promptly of any error or omission in the Construction Schedule and correct such error or omission; (v) continuously monitor the progress of the Work in relation to the Construction Schedule and the cash flow and update the Construction Schedule and the cash flow forecast with the monthly construction status report their obligations under Section 18.1(e), maintain the continuity of the Construction Schedule’s CPM network for all updates and revisions and immediately notify Owner of any variance or potential variance in the scheduled completion dates; (vi) advise the Consultant of any revisions required to the Construction Schedule as a result of extension of the Contract Time in accordance with Schedule 11 – Change Procedure; (vii) identify potential variances between scheduling and scheduled completion dates, review the schedule Documents or of Work not started interrelated work by their own forces or incomplete and implement necessary adjustments in the Construction Schedule in order to meet the Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date set out in the Construction Schedule, including the movement of manpower and equipment in response to availability of work areas; (viii) comply with the Construction Schedule so as not to interfere with the activities of Owner in the Existing Facility; (ix) monitor the Subcontractors’ personnel staffing and equipment and the availability of materials and supplies in order to meet the Construction Schedule and take appropriate courses of action when the requirements of a Subcontract with any Project Co Party are not met; (x) obtain from Project Co Parties a schedule showing the order number, vendor’s name, shop drawing status, manufacturing lead time and delivery date of all critical material and equipment required for the Work; (xi) pre-order equipment, materials and supplies where necessitated by cost and/or time factors and expedite delivery of critical items; and (xii) in consultation with the Owner’s Project Manager and the Consultant, include in the Construction Schedule the integration of the equipment specifications, rough-in requirements, supply and installation, including of Owner’s equipment to ensure that the ordering, delivery, receiving and supply of equipment does not impact on the Construction Scheduleseparate contractors.

The Construction Schedule. 7.5.1 The Contractor, immediately after being awarded the Contract, shall be responsible for deriving a Construction Schedule (a) as more particularly prescribed in the Supplementary Conditions), which shall fully describe the intended method of accomplishing all the various work and related activities necessary to completion of the entire Project Co shall:hereunder. Such Construction Schedule shall demonstrate an expeditious, practicable and reasonable plan for accomplishing Substantial Completion of the Work within the Contract Time and Final Completion of the Project. (i) review the proposed schedules and deadlines 7.5.2 The Construction Schedule shall take fully into account accomplishment of such interim milestones or requirements of Owner for each Phase completion of portions of the Work at times earlier than the full Contract Time. Such milestones and where Owner has not specified particular dates for occupancy of Phases of the Work, Project Co shall set those dates so as to achieve occupancy of such Phases of the Work on an as early as achievable basis and include them in its proposed Construction Schedule under Section 12.1(a)(ii). (ii) prepare and submit to Owner and the Consultant as soon as practical and in any event within 45 days of Financial Close, a detailed computerized Construction Schedule using a critical path method (“CPM”) network and a Construction Schedule dependent cash flow forecast, each in a form approved by Owner. The planning and schedule software shall be “Primavera Project Planner” with the most current release available to be used. The Construction Schedule and any other schedule related reporting requirements of Project Co shall conform to the phasing and sequencing requirements for the Work as set out in the Contract Documents, including the work to be completed by Owner’s own forces or by other contractors, the Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date, the Scheduled Final Completion Date, the Specifications included in Division 1 of the Contract Documents, including, the sequencing requirements, and shall include the requirements, if any, shall be as prescribed in the Supplementary Conditions. 7.5.3 A preliminary Construction Schedule shall be prepared and submitted to Owner and to Architect in final proposed form, in the format prescribed in the Supplementary Conditions, no later than ten (10) days after the date of Section 3.2(d)(iv)the Owner-Contractor Agreement or the Date of Commencement of Work, whichever is earlier. This preliminary Construction Schedule should incorporate the input of major subcontractors, fabricators, and suppliers of materials or equipment which are not readily available for delivery to the Project. In submitting this preliminary Construction Schedule, Contractor warrants and represents that in his opinion and that of his major subcontractors, fabricators and suppliers, it presents a reasonable and workable plan and sequence for timely performance of all Work and further constitutes their intended plan and sequence for is accomplishment. 7.5.4 The Contractor shall be entitled to no payment under this Owner- Contractor Agreement unless and until the Contractor has so submitted the preliminary Construction Schedule in required format. 7.5.5 The Owner and Architect shall review this preliminary Construction Schedule as initially submitted; however, such review shall be only to determine its compliance with Contract requirements regarding substantial completion, final completion and any specified interim completion milestones or requirements. Such review shall not require an independent evaluation or determination by Owner or Architect of the workability, feasibility or reasonableness of the Contractor's proposed Construction Schedule. 7.5.6 Within ten (10) days after submission of the preliminary Construction Schedule under Subparagraph 7.5.3 above, the schedule Owner, Architect and Contractor shall jointly meet to review the preliminary Construction Schedule at the Contractor's Project office and at a time established by written notice from Architect. Within ten (10) days thereafter, Contractor shall submit a revised Construction Schedule incorporating any changes deemed necessary by the Contractor or directed by Owner or Architect. This revised Construction Schedule shall thereafter be deemed the Construction Schedule for Commissioning the Project. 7.5.7 Thereafter, the Construction Schedule shall be revised and updated in such manner and frequency as specified in the Supplementary Conditions. 7.5.8 The Construction Schedule shall be revised appropriately to reflect accurately any adjustment extending the Contract Time allowed by Architect including revision to the durations, sequences and interrelationships of activities affected by the occurrences permitting such adjustment. 7.5.9 The Contractor shall keep the Owner, the Architect and all of his Subcontractors and material suppliers fully and completely informed at all times of the Work and for achieving the applicable Phased Occupancy Dates, Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date. Owner and the Consultant will respond to Project Co, in writing, within 10 Business Days of receipt content of the Construction Schedule, other schedules and all other scheduling information applicable to or which may effect the Work of all Subcontractors and material suppliers. This information shall in all cases be furnished to the Subcontractors and material suppliers in sufficient time to allow them to adjust their plans so as to meet all required performance dates relative to their portions of the Work. 7.5.10 To the extent that any provisions of this Paragraph 7.5 are at variance with either its detailed comments or acceptance the scheduling requirements specified in the Supplementary Conditions, the latter shall govern. 7.5.11 The Owner and the Architect shall be entitled to rely fully on the content of the Construction Schedule (as complete; (iiiit may be revised) in the event that Owner planning and the Consultant do not accept Project Co’s initial Construction Schedule submission as complete, Project Co shall re-submit the Construction Schedule as many times as necessary, revised in accordance with Owner’s and the Consultant’s detailed comments and each re-submission shall be provided within 5 Business Days scheduling performance of receipt of the Consultant’s and Owner’s detailed comments, who in turn shall also respond within 5 Business Days. When the Construction Schedule has been accepted as complete by Owner and the Consultant, it shall be the baseline Construction Schedule against which Project Co shall monitor progress of the Work; (iv) advise the Consultant promptly of any error or omission in the Construction Schedule and correct such error or omission; (v) continuously monitor the progress of the Work in relation to the Construction Schedule and the cash flow and update the Construction Schedule and the cash flow forecast with the monthly construction status report their obligations under Section 18.1(e), maintain the continuity of the Construction Schedule’s CPM network for all updates and revisions and immediately notify Owner of any variance or potential variance in the scheduled completion dates; (vi) advise the Consultant of any revisions required to the Construction Schedule as a result of extension of the Contract Time in accordance with Schedule 11 – Change Procedure; (vii) identify potential variances between scheduling and scheduled completion dates, review the schedule Documents or of Work not started interrelated work by their own forces or incomplete and implement necessary adjustments in the Construction Schedule in order to meet the Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date set out in the Construction Schedule, including the movement of manpower and equipment in response to availability of work areas; (viii) comply with the Construction Schedule so as not to interfere with the activities of Owner in the Existing Facility; (ix) monitor the Subcontractors’ personnel staffing and equipment and the availability of materials and supplies in order to meet the Construction Schedule and take appropriate courses of action when the requirements of a Subcontract with any Project Co Party are not met; (x) obtain from Project Co Parties a schedule showing the order number, vendor’s name, shop drawing status, manufacturing lead time and delivery date of all critical material and equipment required for the Work; (xi) pre-order equipment, materials and supplies where necessitated by cost and/or time factors and expedite delivery of critical items; and (xii) in consultation with the Owner’s Project Manager and the Consultant, include in the Construction Schedule the integration of the equipment specifications, rough-in requirements, supply and installation, including of Owner’s equipment to ensure that the ordering, delivery, receiving and supply of equipment does not impact on the Construction Scheduleseparate contractors.

The Construction Schedule. (a) Project Co shall: (i) review the proposed schedules and deadlines of Owner for each Phase of the Work and where Owner has not specified particular dates for occupancy of Phases of the WorkPhased Occupancy Dates, Project Co shall set those dates the Phased Occupancy Dates so as to achieve occupancy of such Phases of the Work on an as early as achievable basis and include them in its proposed Construction Schedule under Section 12.1(a)(ii).; (ii) prepare and submit to Owner and the Consultant as soon as practical and in any event within 45 days of Financial Close, a detailed computerized Construction Schedule using a critical path method (“CPM”) network and a Construction Schedule dependent cash flow forecast, each in a form approved by Owner. The planning and schedule software shall be “Primavera Project Planner” with the most current release available to be used. The Construction Schedule and any other schedule related reporting requirements of Project Co shall conform to the phasing and sequencing requirements for the Work as set out in the Contract Documents, including the work to be completed by Owner’s own forces or by other contractors, the Scheduled Phase 1 Completion DatePhased Occupancy Dates, the Scheduled Substantial Completion Date, the Scheduled Final Completion Date, the Specifications included in Division 1 of the Contract Documents, including, the sequencing requirements, and shall include the requirements, if any, of Section 3.2(d)(iv), the schedule for Commissioning of the Work and for achieving the applicable Phased Occupancy Dates, Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date. Owner and the Consultant will respond to Project Co, in writing, within 10 Business Days of receipt of the Construction Schedule, with either its detailed comments or acceptance of the Construction Schedule as complete; (iii) in the event that Owner and the Consultant do not accept Project Co’s initial Construction Schedule submission as complete, Project Co shall re-submit the Construction Schedule as many times as necessary, revised in accordance with Owner’s and the Consultant’s detailed comments and each re-submission shall be provided within 5 Business Days of receipt of the Consultant’s and Owner’s detailed comments, who in turn shall also respond within 5 Business Days. When the Construction Schedule has been accepted as complete by Owner and the Consultant, it shall be the baseline Construction Schedule against which Project Co shall monitor progress of the Work; (iv) advise the Consultant promptly of any error or omission in the Construction Schedule and correct such error or omission; (v) continuously monitor the progress of the Work in relation to the Construction Schedule and the cash flow and update the Construction Schedule and the cash flow forecast with the monthly construction status report under Section 18.1(e), maintain the continuity of the Construction Schedule’s CPM network for all updates and revisions and immediately notify Owner of any variance or potential variance in the scheduled completion dates; (vi) advise the Consultant of any revisions required to the Construction Schedule as a result of extension of the Contract Time in accordance with Schedule 11 – Change Procedure; (vii) identify potential variances between scheduling and scheduled completion dates, review the schedule of Work not started or incomplete and implement necessary adjustments in the Construction Schedule in order to meet the Scheduled Phase 1 Completion DatePhased Occupancy Dates, the Scheduled Substantial Completion Date and the Scheduled Final Completion Date set out in the Construction Schedule, including the movement of manpower and equipment in response to availability of work areas; (viii) comply with the Construction Schedule so as not to interfere with the activities of Owner in the Existing Facility; (ix) monitor the Subcontractors’ personnel staffing and equipment and the availability of materials and supplies in order to meet the Construction Schedule and take appropriate courses of action when the requirements of a Subcontract with any Project Co Party are not met; (x) obtain from Project Co Parties a schedule showing the order number, vendor’s name, shop drawing status, manufacturing lead time and delivery date of all critical material and equipment required for the Work; (xi) pre-order equipment, materials and supplies where necessitated by cost and/or time factors and expedite delivery of critical items; and (xii) in consultation with the Owner’s Project Manager and the Consultant, include in the Construction Schedule the integration of the equipment specifications, rough-in requirements, supply and installation, including of Owner’s equipment to ensure that the ordering, delivery, receiving and supply of equipment does not impact on the Construction Schedule.