Delay Deductible Aggregate Cap for the Project is [●][insert 14% of the number of days from NTP1 until the Substantial Completion Deadline] days for all Delay Deductibles borne by DB Contractor.
Delay Deductible Aggregate Cap has the meaning set forth in Section 6.11 of this DBA. Design-Build Agreement has the meaning set forth in the preamble hereof. Design-Build Specifications means the Design-Build Specifications, items 10-28 included in the RFP. Differing Site Conditions means (a) man-made subsurface or man-made latent conditions of an unusual nature, (b) subsurface or surface natural physical conditions of an unusual nature, differing materially from those ordinarily encountered in the area and generally recognized as inherent in the type of work provided for in the Contract Documents, (c) an Abandoned Utility that is a water or wastewater Utility 18 inches in diameter or greater; or (d) an Abandoned Utility that is a Utility duct bank with 4 or more conduits. This term shall specifically exclude all such conditions of which DB Contractor had actual or constructive knowledge as of the Proposal Due Date. The foregoing definition specifically excludes: (i) changes in surface topography unless the variance causes a change greater than 20 percent for the combined total of excavation and embankment quantities for the following parcels: None; (ii) variations in subsurface moisture content and variations in the water table; (iii) Utility facilities, including Abandoned Utilities (other than as described in clause (c) or (d) above); (iv) Hazardous Materials, including contaminated groundwater; (v) acquisition of real property for drainage purposes; (vi) any conditions which constitute or are caused by a Relief Event; and (vii) any subsurface or surface conditions that are ascertainable from the information included in the RIDs.