Common use of DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION Clause in Contracts

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of the issuance of a Purchase Order and Notice to Proceed by the Owner. The Contractor shall substantially complete the Work, no later than January 16, 2017.) calendar days from the date of commencement, subject to adjustment as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which the Owner is chargeable under the Contract Documents or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder the sum of fifteen hundreddollars ($1500.00) for each day that Substantial Completion is actually delayed, provided, however that (i) Owner may make such deductions prior to the scheduled date of Substantial Completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. 4.1. The number date of calendar days available commencement is the date from which the Contract Time of Paraqraph 4.2 is measured; it shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner to the Contractor which shall be issued no less than five (5) days prior to substantially complete the Date of Commencement. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 4.2. The Contractor shall diligently prosecute the work and achieve Substantial Completion of the entire Work by September 15, 2013, subject to adjustments of this Contract Time as provided in the Contract Documents Attached hereto as Exhibit D is the Construction Sched uIe for the Work. The Contractor covenants to abide by the Construction Schedule. The Contractor acknowledges and recognizes that the Owner and/or the tenants of Owner are entitled to fuII and beneficial occupancy and use of the Project and the completed Work following expiration of the Contract Time. The date Contractor further acknowledges and agrees that if the Contractor fails to complete substantially or cause the Substantial Completion of commencement any portion of the Work with in the Contract Time, the Owner will sustain additional extensive damages, expenses, losses and other economic harm as a result thereof, which may include, without limitation, the loss of rent, the costs of arranging for substitute occupancy and the continued administrative expenses of the Project and the Work. The exact amount of such damages will be extremely difficult to ascertain. If the Contractor fails to achieve Substantial Completion of the Work within the Contract Time, the Owner shall be the date of the issuance of a Purchase Order and Notice entitled to Proceed by the Owner. The Contractor shall substantially complete the Work, no later than January 16, 2017.) calendar days retain or recover from the date of commencementContractor, subject as liquidated damages and not as a penalty, pursuant to adjustment as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which the Owner is chargeable under the Contract Documents or from Unavoidable DelayCalifornia, Contractor agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder Civil Code Section 1671, the sum of fifteen hundreddollars ($1500.00) for each 19,000 per week, commencing on the first day that Substantial Completion is actually delayed, provided, however that (i) Owner may make such deductions prior to following expiration of the scheduled date Contract Time and continuing until the actual Date of Substantial Completion in Completion, regardless of whether or not the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is Owner's actual damages are more or less than the remaining amounts Owner has the right such liquidated sum. Such liquidated damages are hereby agreed to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable pre-estimate of damages the costs Owner will incur as a result of such late achievement delayed Substantial Completion of the Work. The Owner's rights to certain liquidated damages as provided above shall not limit Owner's rights against the Contractor for any damages claimed by third parties arising out of the Contractor's delay in achieving Substantial Completion. "Unavoidable Delays" means delays The Owner may deduct liquidated damages described herein from any unpaid amounts then or thereafter due the Contractor under the is Agreement. Any liquidated damages not so deducted from any unpaid amounts due the Contractor shall be payable to any the Owner at the demand of the followingOwner, and only together with interest from the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows date of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for demand at a period rate equal to the lower of the Unavoidable Delay, which period shall commence to run from twelve percent (12%) per annum or the time highest lawful rate of interest payable by the commencement of the cause of the Unavoidable DelayContractor.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of the issuance of a Purchase Order and Notice to Proceed by the Owner. The Contractor shall substantially complete the Work, no later than January 16, 2017.ninety (90 ) calendar days from the date of commencement, subject to adjustment as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which the Owner is chargeable under the Contract Documents or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder the sum of fifteen hundreddollars _five thousand_dollars ($1500.005,000.00) for each day that Substantial Completion is actually delayed, provided, however that (i) Owner may make such deductions prior to the scheduled date of Substantial Completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the issuance of date to be fixed in a Purchase Order and Notice notice to Proceed proceed issued by the Owner. (INSERT THE DATE OF COMMENCEMENT IF IT DIFFERS FROM THE DATE OF THIS AGREEMENT OR, IF APPLICABLE, STATE THAT THE DATE WILL BE FIXED IN A NOTICE TO PROCEED.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: 3.2 The Contract Time shall be measured from the date of commencement. September 1, 1998 3.3 The Contractor shall substantially complete achieve Substantial Completion of the Work, no entire Work not later than January 16, 2017.) calendar 209 days from the date of commencement, or as follows: (INSERT NUMBER OF CALENDAR DAYS. ALTERNATIVELY, A CALENDAR DATE MAY BE USED WHEN COORDINATED WITH THE DATE OF COMMENCEMENT. UNLESS STATED ELSEWHERE IN THE CONTRACT DOCUMENTS, INSERT ANY REQUIREMENTS FOR EARLIER SUBSTANTIAL COMPLETION OF CERTAIN PORTIONS OF THE WORK.) , subject to adjustment adjustments of this Contract Time as provided in Article 10 the Contract Documents.(INSERT PROVISIONS, IF ANY, FOR LIQUIDATED DAMAGES RELATING TO FAILURE TO COMPLETE ON TIME OR FOR BONUS PAYMENTS FOR EARLY COMPLETION OF THE WORK.) Liquidated damages shall be set at $25,000.00/day per Section 7: Instructions to Bidders, SpecialTerms and Article 11Conditions. The Purchase Order constitutes contractor shall not be assessed with liquidated damages nor the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays cost for which the Owner is chargeable under the Contract Documents or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct from engineering inspection during any sums due to Contractor hereunder the sum of fifteen hundreddollars ($1500.00) for each day that Substantial Completion is actually delayed, provided, however that (i) Owner may make such deductions prior to the scheduled date of Substantial Completion delay in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate completion of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, work caused by acts of God, acts of a the public enemy, acts of terrorismfire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, lack of transportationor due to such causes, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall provided that the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five withinfive (5) days after Contractor knows from the beginning of such delay notify the Owner in writing of the occurrence causes of an Unavoidable Delaydelay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.[STAMP] -------------------------------------------------------------------------------- 2

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of the issuance of a Purchase Order and Notice to Proceed by the Owner. The Contractor shall substantially complete the Work, no later than January 16, 2017.ninety (90) calendar days from the date of commencement, subject to adjustment as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which the Owner is chargeable under the Contract Documents or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder the sum of fifteen hundreddollars five hundred dollars ($1500.00500.00) for each day that Substantial Completion is actually delayed, provided, however that (i) Owner may make such deductions prior to the scheduled date of Substantial Completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of the issuance of a Purchase Order and Notice to Proceed by the Owner. The Contractor shall substantially complete the Work, no later than January 16May 25, 2017.) calendar days from the date of commencement2018, subject to adjustment as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which the Owner is chargeable under the Contract Documents or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder the sum of fifteen hundreddollars five hundred dollars ($1500.00500.00) for each day that Substantial Completion is actually delayed, provided, however that (i) Owner may make such deductions prior to the scheduled date of Substantial Completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of the issuance of a Purchase Order and Notice to Proceed by the Owner. The Contractor shall substantially complete the Work, no later than January 16July 14, 2017.) calendar days 2017 from the date of commencement, subject to adjustment as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which the Owner is chargeable under the Contract Documents or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder the sum of fifteen five hundreddollars ($1500.00500.00) for each day that Substantial Completion is actually delayed, provided, however that (i) Owner may make such deductions prior to the scheduled date of Substantial Completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. § 4.1 The date of commencement of the Work shall be the earlier of the date to be fixed in a notice to proceed issued by the Owner to the Contractor, or the actual commencement date of the issuance of a Purchase Order and Notice to Proceed by the Owner. Work. § 4.2 The Contractor Contract Time shall substantially complete the Work, no later than January 16, 2017.) calendar days be measured from the date of commencement. § 4.3 The Contractor shall diligently prosecute the Work and achieve Substantial Completion of the entire Work not later than July 31, 2021 Building A Certified Pad 02/15/2021 Rough Grading of Pads 03/01/2021 Fire Hydrant(s) Installed & All-Weather Access Road Installed to allow Pad A Building to commence with vertical construction 03/15/2021 Water, Sanitary Sewer, Storm Sewer Utility Stubs to all Pad Limits / Buildings 05/01/2021 Primary Electric, Communications, Fiber Optic, Gas Utility Stubs to all Pad Limits / Buildings and ready for provider to pull wire 06/01/2021 Communications & Fiber Optic Improvements Active and ready for connection for Pad A Building 07/15/2021 Substantial Completion of the Onsite “Common Areas” Improvements 07/31/2021 Substantial Completion of the Offsite / Street Improvements 07/31/2021 Final Completion of the Offsite Traffic Signal Improvements 08/31/2021 Final Completion of the Onsite Common Areas & Offsite Street Improvements 08/31/2021 , subject to adjustment adjustments of this Contract Time as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which the Owner is chargeable under the Contract Documents or from Unavoidable Delay, Documents. § 4.4 The Contractor acknowledges and agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder the sum of fifteen hundreddollars ($1500.00) for each day that Substantial Completion is actually delayed, provided, however that (i) Owner may make such deductions prior to the scheduled date of Substantial Completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in full and beneficial occupancy and use of the event completed Work following expiration of the remaining amount of funds due Contractor hereunder is less than Contract Time and that the remaining amounts Owner has entered into, or will enter into, binding agreements demising all or part of the right premises where Work is to deduct. Owner and Contractor agree and acknowledge that (i) Ownerbe completed based upon the Contractor’s actual damages for the failure of achieving Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Work within the Contract Time. The Contractor further acknowledges and agrees that if the Contractor fails to complete substantially or cause the Substantial Completion of any portion of the Work within the Contract Time, the Owner will incur sustain extensive damages and serious loss as a result of such late achievement failure. The exact amount of such damages will be extremely difficult to ascertain. Therefore, the Owner and the Contractor agree as set forth below. § 4.4.1 If the Contractor fails to achieve Substantial Completion. "Unavoidable Delays" means delays due to any Completion of the followingWork within the Contract Time, the Owner shall be entitled to retain or recover from the Contractor, as liquidated damages and not as a penalty, $2,900 per day for the first fifteen (15) calendar days, and only $2,900 per day for the following, next fifteen (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order 15) calendar days in which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the actual time of performance exceeds the commencement authorized Contract Time. Commencing upon the thirty-first day in which the actual time of performance exceeds the cause of authorized Contract Time, the Unavoidable Delaydamages shall be $2,900 per day until Substantial Completion has been achieved.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of the issuance of a Purchase Order and Notice to Proceed by the Owner. The Contractor shall substantially complete the Work, no later than January 16, 2017.sixty ( 60 ) calendar days from the date of commencement, subject to adjustment as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which the Owner is chargeable under the Contract Documents or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder the sum of fifteen hundreddollars dollars ($1500.00$ .00) for each day that Substantial Completion is actually delayed, provided, however that (i) Owner may make such deductions prior to the scheduled date of Substantial Completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of the issuance of a Purchase Order and Notice to Proceed by the Owner. The Contractor shall substantially complete the Work, no later than January 16December 3, 2017.) calendar days from the date of commencement2018, subject to adjustment as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which the Owner is chargeable under the Contract Documents or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder the sum of fifteen five hundreddollars ($1500.00500.00) for each day that Substantial Completion is actually delayed, provided, however that (i) Owner may make such deductions prior to the scheduled date of Substantial Completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of the issuance of a Purchase Order and Notice to Proceed by the Owner. The Contractor shall substantially complete the Work, no later than January 16, 2017.thirty nine ( 39 ) calendar days from the date of commencement, subject to adjustment as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which the Owner is chargeable under the Contract Documents or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder the sum of fifteen hundreddollars two thousand five hundred_dollars ($1500.002,500_.00) for each day that Substantial Completion is actually delayed, provided, however that (i) Owner may make such deductions prior to the scheduled date of Substantial Completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of the issuance of a Purchase Order and Notice to Proceed by the Owner. The Contractor shall substantially complete the Work, no later than January 16, 2017.thirty (30 ) calendar days from the date of commencement, subject to adjustment as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which the Owner is chargeable under the Contract Documents or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder the sum of fifteen hundreddollars Two Thousand, five hundred_dollars ($1500.002,500.00) for each day that Substantial Completion is actually delayed, provided, however that that (i) Owner may make such deductions prior to the scheduled date of Substantial Completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. 4.1 The date of commencement of the Work shall will be the date of a written "Pre-construction Notice to Proceed" issued by the issuance Owner after execution of this Agreement, directing the Contractor to proceed with the Work. If the Owner provides a Purchase Order and Pre-construction Notice to Proceed by to the Owner. The Contractor within the time period set forth on Exhibit "B", then this Contract shall substantially complete the Work, no later than January 16, 2017.) calendar days from the date of commencement, subject to adjustment as provided remain in Article 10 full force and Article 11. The Purchase Order constitutes the Notice to Proceedeffect. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which that the Owner is chargeable under fails to provide a Pre-construction Notice to Proceed to the Contract Documents Contractor within said time period, then Owner or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct terminate this Contract by giving written notice to the other, and in such event, the Contract shall terminate and be of no further force or effect and the parties hereto shall have no further rights, duties or obligations hereunder. Upon receipt of the Pre-construction Notice to Proceed, the Contractor shall begin the Work hereunder, provided, however, that the Contractor shall not perform any Work at or upon the Project site until receipt of a written "Construction Notice to Proceed." Upon substantial completion of the excavation work at the Project site, which work is being performed by ▇▇▇▇▇▇▇▇ Contractors, the Owner shall issue a Construction Notice to Proceed to the Contractor. The Owner shall deliver all documents and complete all activities within the time periods set forth on Exhibit "B." Upon receipt of the Construction Notice to Proceed, the Contractor shall commence performance of the Work at or on the Project site within ten (10) days. For purposes of this Agreement, substantial completion of the excavation work shall mean and refer to excavation of the Project site to the elevations set forth on Drawing A201 as clarified by the Contractor on December 17, 1999, and the permanent slope stabilization of the Project site. The Contractor shall diligently prosecute the Work and shall achieve Substantial Completion of the entire Work not later than the date set forth on Exhibit "B," subject to adjustment of the Contract Time as provided in the Contract Documents. 4.2 The parties agree that it would be extremely difficult and impracticable under the presently known and anticipated facts and circumstances to ascertain and fix the actual damages the Owner would incur should the Contractor delay in achieving Substantial Completion by the date set forth in this Article 4, and accordingly the parties hereby agree that if the Contractor fails to so achieve Substantial Completion within such time, then the Owner's sole and exclusive remedy for such failure shall be to recover from any sums due to the Contractor hereunder the sum of fifteen hundreddollars ($1500.00) as liquidated damages, and not as a penalty, for each calendar day that Substantial Completion is actually delayedso delayed by the Contractor, provided, however that the following amounts: (i) Owner may make such deductions prior to $5,000 per day for the scheduled date first seven (7) days of Substantial Completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and delay; and (ii) Contractor S 10,000 per day for any days of delay after such initial seven (7) day period; it being acknowledged and agreed by the parties hereto that the liquidated damages identified in this Paragraph 4.2 shall pay be in lieu of Owner's recovery of any actual or consequential damages based upon the Contractor's delay in achieving Substantial Completion by the date specified in this Article 4. The Contractor's aggregate liability for any and all liquidated damages as set forth in this Paragraph 4.2 shall be limited to Owner in cash any amounts which Owner is entitled to deduct a maximum of two hundred fifty thousand dollars ($250,000). For purposes of this Paragraph 4.2 in the event calculation of days of delay, "Substantial Completion" shall not include delays by the remaining amount City of funds due Blackhawk, through no failure of performance by the Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages or its Subcontractors, or agents, employees or contractors, in issuing a Certificate of Occupancy for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable DelayProject.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of the issuance of a Purchase Order and Notice to Proceed by the Owner. The Contractor shall substantially complete the Work, no later than January 16, 2017.ninety (90 ) calendar days from the date of commencement, subject to adjustment as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which the Owner is chargeable under the Contract Documents or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder the sum of fifteen hundreddollars two thousanddollars ($1500.002,000.00) for each day that Substantial Completion is actually delayed, provided, however that (i) Owner may make such deductions prior to the scheduled date of Substantial Completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. § 3.1 The date of commencement of the Work shall be the date of (Paragraphs deleted) § 3.2 The Contract Time shall be measured from the issuance date of a Purchase Order and Notice to Proceed by the Owner. commencement. § 3.3 The Contractor shall substantially complete achieve Substantial Completion of the Work, no entire Work not later than January 16, 2017.ninety ( 90 ) calendar days from the date of commencement, or as follows: N/A N/A , subject to adjustment adjustments of this Contract Time as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to ProceedContract Documents. In the event Substantial Completion is not achieved by the date specified above except as result only from of delays for which the Owner is chargeable under the Contract Documents (e.g., section 8.3 of AIA Document A201-2007, General Conditions of the Contract for Construction, as modified.) or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder the sum of fifteen hundreddollars five thousand dollars ($1500.005,000.00) for each day that Substantial Completion is actually delayed, provided, however that (i) Owner may commence to make such deductions prior to the scheduled date of Substantial Completion completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of the issuance of a Purchase Order and Notice to Proceed by the Owner. The Contractor shall substantially complete the Work, no later than January 16, 2017.ninety (90) calendar days from the date of commencement, subject to adjustment as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which the Owner is chargeable under the Contract Documents or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder the sum of fifteen hundreddollars two thousanddollars ($1500.002,000.00) for each day that Substantial Completion is actually delayed, provided, however that (i) Owner may make such deductions prior to the scheduled date of Substantial Completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of the issuance of a Purchase Order and Notice to Proceed by the Owner. The Contractor shall substantially complete the Work, no later than January 16, 2017.) calendar days ninety90 from the date of commencement, subject to adjustment as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which the Owner is chargeable under the Contract Documents or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder the sum of fifteen five hundreddollars ($1500.00500.00) for each day that Substantial Completion is actually delayed, provided, however that (i) Owner may make such deductions prior to the scheduled date of Substantial Completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of the issuance of a Purchase Order and Notice to Proceed by the Owner. The Contractor shall substantially complete the Work, no later than January 16, 2017.( ) calendar days from the date of commencement, subject to adjustment as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which the Owner is chargeable under the Contract Documents or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder the sum of fifteen hundreddollars dollars ($1500.00$ .00) for each day that Substantial Completion is actually delayed, provided, however that (i) Owner may make such deductions prior to the scheduled date of Substantial Completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date of the issuance of a Purchase Order and Notice to Proceed by the Owner. The Contractor shall substantially complete the Work, no later than January 16, 2017.) calendar days from the date of commencementAugust 1 2018, subject to adjustment as provided in Article 10 and Article 11. The Purchase Order constitutes the Notice to Proceed. In the event Substantial Completion is not achieved by the date specified above except as result only from delays for which the Owner is chargeable under the Contract Documents or from Unavoidable Delay, Contractor agrees that Owner shall have the right to deduct from any sums due to Contractor hereunder the sum of fifteen hundreddollars _five hundred_dollars ($1500.00500.00) for each day that Substantial Completion is actually delayed, provided, however that (i) Owner may make such deductions prior to the scheduled date of Substantial Completion in the event Owner reasonably projects that the Project will not be completed on the scheduled date of Substantial Completion and (ii) Contractor shall pay to Owner in cash any amounts which Owner is entitled to deduct in the event the remaining amount of funds due Contractor hereunder is less than the remaining amounts Owner has the right to deduct. Owner and Contractor agree and acknowledge that (i) Owner’s actual damages for the failure of Substantial Completion would be substantial but extremely difficult to ascertain and (ii) such sum represents a fair and reasonable estimate of the costs Owner will incur as a result of such late achievement of Substantial Completion. "Unavoidable Delays" means delays due to any of the following, and only the following, (provided that such delay is beyond Contractor’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act). In no event shall the application to Contractor or any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Contractor knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for a period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.