Common use of TIME FOR COMPLETION AND LIQUIDATED DAMAGES Clause in Contracts

TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 19.1 It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are essential conditions of this contract: and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed." 19.2 The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. 19.3 If the said Contract shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this contract, to pay to the Owner the amount specified in the contract, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the contract shall be in default after the time stipulated in the contract for completing the work. 19.4 The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. 19.5 It is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: A. To any preference, priority or allocation order duly issued by the Government; B. To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and C. To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections a) and b) of this article: 19.6 Provided further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of it decision in the matter.

TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 19.1 a. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, Owner that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are essential conditions ESSENTIAL CONDITIONS of this contract: , and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceedwork order." 19.2 b. The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure ensure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, Owner that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic climate range and usual industrial conditions prevailing in this locality. 19.3 c. If the said Contract Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this contract, to pay to the Owner the amount specified in the contract, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the contract Contractor shall be in default after the time stipulated in the contract for completing the work. If there is a complete unlawful termination by the Contractor, the Owner shall have the right to recover additional damages as provided by the Contract Bond. 19.4 d. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. 19.5 e. It is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: A. 1. To any preference, priority or allocation order duly issued by the Government; B. 2. To unforeseeable cause beyond the control contract and without the fault or negligence of the Contractor, including, but not restricted to, to acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictionsrestriction, strikes, freight embargoes, and unusually severe weather; and C. 3. To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections subsection (a) and (b) of this article: 19.6 Provided f. Provided, further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, Owner in writing, writing of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of it its decision in the matter.

TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 19.1 It is hereby understood and mutually agreed, by and between the Contractor CONTRACTOR and the OwnerOWNER, that the date of beginning and the time for completion as specified in the contract Contract of the work to be done hereunder are essential conditions ESSENTIAL CONDITIONS of this contract: Contract; and it is further mutually understood and agreed that the work embraced in this contract Contract shall be commenced on a date to be specified in the "Notice to Proceed." 19.2 . The Contractor CONTRACTOR agrees that said work shall be prosecuted regularly, diligently, diligently and uninterruptedly without interruption at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor CONTRACTOR and the OwnerOWNER, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. 19.3 . If the said Contract CONTRACTOR shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the OwnerOWNER, then the Contractor CONTRACTOR does hereby agree, as a part consideration for the awarding of this contractContract, to pay to the Owner OWNER the amount specified in the contractContract, not as a penalty penalty, but as liquidated damages for such breach of contract Contract as hereinafter set forth, for each and every consecutive calendar day day, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City of Port Xxxxxx holidays and that the contract CONTRACTOR shall be in default after the time stipulated in the contract Contract for completing the work. 19.4 . The said amount is fixed and agreed upon by and between the Contractor CONTRACTOR and the Owner OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the Owner OWNER would sustain and said amount shall be retained from time to time by the Owner OWNER from current periodical estimates. 19.5 . It is further agreed that time is of the essence of each and every portion of this contract Contract and of the specifications Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contractContract. Provided, that the Contractor CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost when the Owner OWNER determines that any part of liquidated damages was not the fault of the CONTRACTOR and the OWNER determines that the Contractor request for extension by the CONTRACTOR is without fault justified and the Contractor's reasons for the time extension are acceptable to the Owner; Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is duedue to: A. To any a. Any preference, priority or allocation order duly issued by the Governmentgovernment; B. To b. The following unforeseeable cause beyond the control and without the fault or negligence of the Contractorcauses, including, but not restricted to, namely: acts of God, or of the public enemy, acts of the OwnerOWNER, acts of another Contractor CONTRACTOR in the performance of a contract Contract with the OwnerOWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, hurricanes and severe weathertornadoes; andand rainy days claimed by the CONTRACTOR; however, rainy days shall be considered only if the CONTRACTOR notifies the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather that day. Failure to so report will eliminate any claim for time extension because of rainy weather on that day. C. To any c. Rainy weather when 60 percent of his work force cannot work for seven (7) hours or more that day because of rainy weather and providing that he has complied with the condition under 54(b). d. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article: 19.6 Provided . It is also agreed that for each five (5) regular days of work lost due to any of the foregoing reasons, seven (7) calendar days will be added to the contract time (or 1.4 calendar days added for each one (1) regular day of work lost) Fractional calendar days will be rounded to the nearest whole number of days. Provided, further, that the Contractor CONTRACTOR shall, within ten (10) days from the beginning of such delay, unless the Owner OWNER shall grant a further period of time prior to the date of final settlement of the contractContract, notify the OwnerOWNER, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor CONTRACTOR within a reasonable time of it its decision in the matter. Provided, that this provision for liquidated damages shall be cumulative of and not in limitation of any other remedy available to OWNER, including, without limitation, the right to terminate as provided in paragraph 3 and to recover additional damages for any excess cost in otherwise completing the work.

TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 19.1 It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are essential conditions ESSENTIAL CONDITIONS of this contract: ; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to ProceedNOTICE TO PROCEED." 19.2 " The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. 19.3 . If the said Contract Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this contract, to pay to the Owner the amount specified in the contract, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the contract Contractor shall be in default after the time stipulated in the contract for completing the work. 19.4 . The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. 19.5 . It is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where where, under the contract contract, an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; Providedprovided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: A. (a) To any preference, priority or allocation order duly issued by the Government; B. (b) To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and C. (c) To any delays of Subcontractors SubContractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article: 19.6 Provided further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of it decision in the matter.

TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 19.1 It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the 15.1 The date of beginning and the time for completion as specified in the contract SUBSTANTIAL COMPLETION and COMPLETION of the work to be done hereunder WORK are essential conditions of this contract: OF THE ESSENCE TO the CONTRACT DOCUMENTS and it is further mutually understood and agreed that the work embraced in this contract WORK shall be commenced on a date to be specified in the "Notice to ProceedNOTICE TO PROCEED." 19.2 15.2 The Contractor agrees that said work CONTRACTOR shall be prosecuted regularly, diligently, and uninterruptedly proceed with the WORK at such rate of progress as will insure is necessary to ensure both SUBSTANTIAL COMPLETION and full completion thereof COMPLETION within the time specifiedCONTRACT TIME. It is expressly understood and agreed, by and between the Contractor CONTRACTOR and the OwnerOWNER, that the time allowed to achieve SUBSTANTIAL COMPLETION and the CONTRACT TIME for the completion COMPLETION of the work WORK described herein is a reasonable time for the completion of the sametime, taking into consideration the average climatic range and usual industrial economic conditions and other factors prevailing in this localitythe locality of the WORK. 19.3 15.3 If the said Contract shall neglect, fail CONTRACTOR fails to achieve SUBSTANTIAL COMPLETION or refuse to complete the work COMPLETION within the time herein specified, specified time(s) or any proper extension thereof of time(s) expressly granted by the OwnerOWNER, then the Contractor does hereby agree, as a part consideration for the awarding of this contract, to CONTRACTOR shall pay to the Owner OWNER the amount for liquidated damages as specified in the contract, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, CONTRACT DOCUMENTS for each and every calendar day and/or working day that the contract CONTRACTOR shall be in material default after the time stipulated time(s) stipulated. CONTRACTOR and OWNER expressly agree that the damage expected to be incurred by OWNER as a result of CONTRACTOR’s failure to timely achieve SUBSTANTIAL COMPLETION or COMPLETION is uncertain in amount or difficult to prove; that both parties intend and desire to liquidate damages, in advance, to be assessed against CONTRACTOR in the contract for completing the work. 19.4 The said amount is fixed and agreed upon by and between the Contractor event CONTRACTOR fails to timely achieve SUBSTANTIAL COMPLETION or COMPLETION; and the Owner because amount stipulated is reasonable in the sense that it is not greatly disproportionate to the amount of the impracticability and extreme difficulty of fixing and ascertaining damage which, as the actual damages the Owner would in such event sustainparties look forward, and said amount is agreed seems to be the amount presumable loss which would be sustained by OWNER in the event of damages which the Owner would sustain and said amount shall be retained from time COTNRACTOR’s failure to time by the Owner from current periodical estimatesachieve timely SUBSTANTIAL COMPLETION or COMPLETION. 19.5 It is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; Provided, further, that the Contractor 15.4 The CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion COMPLETION of the work WORK is duedue to the following, if the CONTRACTOR has promptly given written notice (within three (3) calendar days of when the Contractor discovered or reasonably should have discovered the commencement of the delay) of such delay to the OWNER or ENGINEER: A. 15.4.1 To any preference, priority or allocation order duly issued by the GovernmentOWNER; B. 15.4.2 To unforeseeable cause causes beyond the control and without the fault or negligence of the ContractorCONTRACTOR, including, including but not restricted to, acts of God, or of the public enemy, acts of the OwnerOWNER, acts of another Contractor not in privity with CONTRACTOR in the performance of a contract with the OwnerOWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe abnormal and unforeseeable weather; and C. 15.4.3 To any delays of Subcontractors or suppliers SUBCONTRACTORs occasioned by any of the causes specified in subsections a) Paragraphs 15.4.1 and b) 15.4.2 of this article: 19.6 Provided further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of it decision in the matterArticle.

TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 19.1 It is hereby understood and mutually agreed, by and and-between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the contract Contract of the work Work to be done hereunder are essential conditions ESSENTIAL CONDITIONS of this contract: Contract; and it is further mutually understood and agreed that the work Work embraced in this contract Contract shall be commenced on a date to be specified in the "Notice to Proceed." 19.2 . The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure ensure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work Work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. 19.3 . If the said Contract Contractor shall neglect, fail or refuse to complete the work Work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this contractContract, to pay to the Owner the amount specified in the contractContract, not as a penalty but as liquidated damages for such breach of contract Contract, as hereinafter set forth, for each and every calendar day that the contract Contractor shall be in default after the time stipulated in the contract Contract for completing the work. 19.4 Work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain sustain, and said amount shall be retained from time to time by the Owner from current periodical estimates. 19.5 . It is further agreed that time is of the essence of each and every portion of this contract Contract and of the specifications Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contractContract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work Work is due: A. a. To any preference, priority or allocation order duly issued by the Governmentgovernment; B. b. To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, including but not restricted to, acts of God, God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract Contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight freight, embargoes, and unusually severe weather; and C. c. To any delays of Subcontractors subcontractors or suppliers occasioned by any of the causes specified specific in subsections a) a. and b) b. of this article: 19.6 Provided . Provided, further, that the Contractor shall, shall within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contractContract, notify the Owner, OOwner in writing, writing of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of it its decision in as to whether or not the matterdelay is subject to the exclusions herein above.

TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 19.1 a. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, Owner that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are essential conditions ESSENTIAL CONDITIONS of this contract: , and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceedwork order." 19.2 b. The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure ensure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, Owner that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic climate range and usual industrial conditions prevailing in this locality. 19.3 c. If the said Contract Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this contract, to pay to the Owner the amount specified in the contract, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the contract Contractor shall be in default after the time stipulated in the contract for completing the work. If there is a complete unlawful termination by the Contractor, the Owner shall have the right to recover additional damages as provided by the Contract Bond. 19.4 d. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. 19.5 e. It is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contract. Provided, that the Contractor shall be entitled to additional time, but not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; Providedadditional compensation, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: A. 1. To any preference, priority or allocation order duly issued by the Government; B. 2. To unforeseeable cause beyond the control contract and without the fault or negligence of the ContractorContractor or the Owner, including, but not restricted to, to acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictionsrestriction, strikes, freight embargoes, and unusually severe weather; and C. 3. To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections subsection (a) and (b) of this article: 19.6 Provided f. Provided, further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, Owner in writing, writing of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of it its decision in the matter.

TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 19.1 It is hereby understood and mutually agreed, by and and-between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the contract Contract of the work to be done hereunder are essential conditions ESSENTIAL CONDITIONS of this contract: Contract; and it is further mutually understood and agreed that the work embraced in this contract Contract shall be commenced on a date to be specified in the "Notice to Proceed." 19.2 . The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. 19.3 . If the said Contract Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Ownerowner, then the Contractor does hereby agree, as a part consideration for the awarding of this contractContract, to pay to the Owner the amount specified in the contractContract, not as a penalty but as liquidated damages for such breach of contract Contract, as hereinafter set forth, for each and every calendar day that the contract Contractor shall be in default after the time stipulated in the contract Contract for completing the work. 19.4 . The said amount is fixed and agreed upon by and between the Contractor and the Owner owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner owner would sustain sustain, and said amount shall be retained from time to time by the Owner from current periodical estimates. 19.5 . It is further agreed that time is of the essence of each and every portion of this contract Contract and of the specifications Specifications wherein a definite and certain length of time is fixed for the performance of of-any act whatsoever; and where under the contract Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contractContract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: A. a. To any preference, priority or allocation order duly issued by the Governmentgovernment; B. b. To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, including but not restricted to, acts of God, God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract Contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoesfreight, Embargoes, and unusually severe weather; and C. c. To any delays of Subcontractors subcontractors or suppliers occasioned by any of the causes specified specific in subsections a) a. and b) b. of this article: 19.6 Provided . Provided, further, that the Contractor shall, shall within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contractContract, notify the Owner, owner in writing, writing of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of it its decision in the matter.