Common use of PROGRESS AND COMPLETION Clause in Contracts

PROGRESS AND COMPLETION. It is expressly understood by the Supplier that TIME IS OF THE ESSENCE in the performance of this Agreement. The Supplier shall begin the work on the date of commencement set forth in the Agreement. The Supplier shall carry the work forward expeditiously with adequate forces and shall complete it by the time work is to be completed as stated in the Agreement. If the Supplier is delayed at any time in the progress of the work, written notice thereof, including an explanation of the cause and the anticipated duration of the delay, shall be given promptly to the Customer by the Supplier, but in no event later than five (5) days after such delay becomes apparent. Failure to give such notice promptly and within such time limit shall be deemed sufficient reason for denial by Customer of an extension of time for performance and may be deemed a default. Failure of Supplier's subcontractor or materials and equipment suppliers to meet schedules shall not be cause for an extension of time. Supplier acknowledges that it has sole responsibility for expediting the efforts of its subcontractors, suppliers, and others. Without prejudice to other remedies that Customer may have under the Agreement or the law, if Supplier fails to meet the time schedule or other delivery date obligations set forth in the Agreement (the “Guaranteed Delivery Dates”), then Supplier shall pay to Customer as liquidated damages for such delay, and not as a penalty, the amounts set forth in the applicable Agreement, if any, for each day the delivery is late under the applicable Agreement (the “Liquidated Damages”). If the Agreement does not establish an amount, the amount of the Liquidated Damages shall be equal to one per cent (1%) of the Contract Price for each full calendar week's delay. Such Delay Damages shall never exceed fifteen per cent (15%) of the Contract Price. The Parties acknowledge and agree that because of the unique nature of the performance it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Customer as a result of Supplier's failure to meet the Guaranteed Delivery Dates under the applicable Agreement, Statement of Work, or applicable order. It is understood and agreed by the Parties that (i) Customer shall be disadvantaged by failure of Supplier to meet such obligations,

PROGRESS AND COMPLETION. It is expressly understood by the Supplier that TIME IS OF THE ESSENCE in the performance of this Agreement. The Supplier shall begin the work on the date of commencement set forth in the Agreement. The Supplier shall carry the work forward expeditiously with adequate forces and shall complete it by the time work is to be completed as stated in the Agreement. If the Supplier is delayed at any time in the progress of the work, written notice thereof, including an explanation of the cause and the anticipated duration of the delay, shall be given promptly to the Customer by the Supplier, but in no event later than five (5) days after such delay becomes apparent. Failure to give such notice promptly and within such time limit shall be deemed sufficient reason for denial by Customer of an extension of time for performance and may be deemed a default. Failure of Supplier's ’s subcontractor or materials and equipment suppliers to meet schedules shall not be cause for an extension of time. Supplier acknowledges that it has sole responsibility for expediting the efforts of its subcontractors, suppliers, and others. Without prejudice to other remedies that Customer may have under the Agreement or the law, if Supplier fails to meet the time schedule or other delivery date obligations set forth in the Agreement (the “Guaranteed Delivery Dates”), then Supplier shall pay to Customer as liquidated damages for such delay, and not as a penalty, the amounts set forth in the applicable Agreement, if any, for each day the delivery is late under the applicable Agreement (the “Liquidated Damages”). If the Agreement does not establish an amount, the amount of the Liquidated Damages shall be equal to one per cent (1%) of the Contract Price final total price of the Agreement, Statement of Work, or applicable order for each full calendar week's delay. Such Delay Damages shall never exceed fifteen per cent (15%) of the Contract Pricefinal total price of the Agreement, Statement of Work, or applicable order , defined as the initially agreed price of the Agreement, Statement of Work, or applicable order plus any adjustments or reviews carried out according with the terms hereunder. The Parties acknowledge and agree that because of the unique nature of the performance it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Customer as a result of Supplier's ’s failure to meet the Guaranteed Delivery Dates under the applicable Agreement, Statement of Work, or applicable order. It is understood and agreed by the Parties that (i) Customer shall be disadvantaged by failure of Supplier to meet such obligations,

PROGRESS AND COMPLETION. § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.1.1 If Contractor fails to achieve Substantial Completion of the Work on or before the date(s) specified for Substantial Completion in this Contract and the other Contract Documents, Contractor shall pay to the Owner, as liquidated damages, the sum set out in the Contract between Owner and Contractor for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. The total liquidated damage claim is determined by multiplying daily-liquidated damage amounts stated in the Contract by the number of days late. A fraction of a day shall be counted as a full day. It is expressly understood hereby agreed that the actual damages which Owner will suffer by reason of late completion would be difficult to ascertain, and the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor’s failure to achieve Substantial Completion of the Work on or before the date(s) specified for Substantial Completion, and not a penalty. Liquidated damages shall be paid as they accrue and may be adjusted from any progress payment due. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Supplier that TIME IS OF THE ESSENCE in the performance of this AgreementContractor and Owner. The Supplier date of commencement of the Work shall begin not be changed by the work on effective date of such insurance. Unless the date of commencement set forth is established by the Contract Documents or a Notice to Proceed given by the Owner, the Contractor shall notify the Owner in the Agreement. writing not less than five (5) days or other agreed period. § 8.2.3 The Supplier Contractor shall carry the work forward proceed expeditiously with adequate forces and shall complete it by achieve Substantial and Final Completion within the time work Contract Time. § 8.2.4 The Contractor is subject to be completed liquidated damages, as stated specified in the Agreement. If , if the Supplier Work is delayed at any time in the progress of the work, written notice thereof, including an explanation of the cause and the anticipated duration of the delay, shall be given promptly to the Customer not substantially completed by the Supplier, but in no event later than five (5) days after such delay becomes apparent. Failure to give such notice promptly and within such time limit shall be deemed sufficient reason for denial by Customer date of an extension of time for performance and may be deemed a default. Failure of Supplier's subcontractor or materials and equipment suppliers to meet schedules shall not be cause for an extension of time. Supplier acknowledges that it has sole responsibility for expediting the efforts of its subcontractors, suppliers, and others. Without prejudice to other remedies that Customer may have under the Agreement or the law, if Supplier fails to meet the time schedule or other delivery date obligations set forth in the Agreement (the “Guaranteed Delivery Dates”), then Supplier shall pay to Customer as liquidated damages for such delay, and not as a penalty, the amounts set forth in the applicable Agreement, if any, for each day the delivery is late under the applicable Agreement (the “Liquidated Damages”). If the Agreement does not establish an amount, the amount of the Liquidated Damages shall be equal to one per cent (1%) of the Contract Price for each full calendar week's delay. Such Delay Damages shall never exceed fifteen per cent (15%) of the Contract Price. The Parties acknowledge and agree that because of the unique nature of the performance it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Customer as a result of Supplier's failure to meet the Guaranteed Delivery Dates under the applicable Agreement, Statement of Work, or applicable order. It is understood and agreed by the Parties that (i) Customer shall be disadvantaged by failure of Supplier to meet such obligations,Substantial Completion.

PROGRESS AND COMPLETION. It is expressly understood by the Supplier that TIME IS OF THE ESSENCE in the performance of this Agreement. The Supplier shall begin the work on the date of commencement set forth in the Agreement. The Supplier shall carry the work forward expeditiously with adequate forces and shall complete it by the time work is to be completed as stated in the Agreement. If the Supplier is delayed at any time in the progress of the work, written notice thereof, including an explanation of the cause and the anticipated duration of the delay, shall be given promptly to the Customer by the Supplier, but in no event later than five (5) days after such delay becomes apparent. Failure to give such notice promptly and within such time limit shall be deemed sufficient reason for denial by Customer of an extension of time for performance and may be deemed a default. Failure of Supplier's ’s subcontractor or materials and equipment suppliers to meet schedules shall not be cause for an extension of time. Supplier acknowledges that it has sole responsibility for expediting the efforts of its subcontractors, suppliers, and others. Without prejudice to other remedies that Customer may have under the Agreement or the law, if Supplier fails to meet the time schedule or other delivery date obligations set forth in the Agreement (the “Guaranteed Delivery Dates”), then Supplier shall pay to Customer as liquidated damages for such delay, and not as a penalty, the amounts set forth in the applicable Agreement, if any, for each day the delivery is late under the applicable Agreement (the “Liquidated Damages”). If the Agreement does not establish an amount, the amount of the Liquidated Damages shall be equal to one per cent (1%) of the Contract Price for each full calendar week's delay. Such Delay Damages shall never exceed fifteen per cent (15%) of the Contract Price. The Parties acknowledge and agree that because of the unique nature of the performance it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Customer as a result of Supplier's ’s failure to meet the Guaranteed Delivery Dates under the applicable Agreement, Statement of Work, or applicable order. It is understood and agreed by the Parties that (i) Customer shall be disadvantaged by failure of Supplier to meet such obligations,

PROGRESS AND COMPLETION. It is expressly understood by the Supplier that TIME IS OF THE ESSENCE in the performance of this Agreement. The Supplier shall begin the work on the date of commencement set forth in the Agreement. The Supplier shall carry the work forward expeditiously with adequate forces and shall complete it by the time work is to be completed as stated in the Agreement. If the Supplier is delayed at any time in the progress of the work, written notice thereof, including an explanation of the cause and the anticipated duration of the delay, shall be given promptly to the Customer by the Supplier, but in no event later than five (5) days after such delay becomes apparent. Failure to give such notice promptly and within such time limit shall be deemed sufficient reason for denial by Customer of an extension of time for performance and may be deemed a default. Failure of Supplier's subcontractor or materials and equipment suppliers to meet schedules shall not be cause for an extension of time. Supplier acknowledges that it has sole responsibility for expediting the efforts of its subcontractors, suppliers, and others. Without prejudice to other remedies that Customer may have under the Agreement or the law, if Supplier fails to meet the time schedule or other delivery date obligations set forth in the Agreement (the “Guaranteed Delivery Dates”)upon written request, then Supplier shall pay to Customer as liquidated damages for such delay, and not as a penalty, the amounts set forth in the applicable Agreement, if any, for each day the delivery is late under the applicable Agreement (the “Liquidated Damages”). If the Agreement does not establish an amount, the amount of the Liquidated Damages shall be equal to one per cent (1%) of the Contract Price for each full calendar week's delay. Such Delay Damages shall never exceed fifteen per cent (155%) of the Contract Price. The Parties acknowledge and agree that because of the unique nature of the performance it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Customer as a result of Supplier's failure to meet the Guaranteed Delivery Dates under the applicable Agreement, Statement of Work, or applicable order. It is understood and agreed by the Parties that (i) Customer shall be disadvantaged by failure of Supplier to meet such obligations,, resulting therefrom, and (iii) any Liquidated Damages payable under the applicable Agreement, Statement of Work, or applicable order are not a penalty, but instead represent a fair and reasonable In no event shall the payment of any Liquidated Damages excuse Supplier from performance of Agreement or Applicable Law. Customer shall have the right to deduct any Liquidated Damages due from the payment of any pending invoices to Supplier.

PROGRESS AND COMPLETION. It is expressly understood by the Supplier that TIME IS OF THE ESSENCE in the performance of this Agreement. The Supplier shall begin the work on the date of commencement set forth in the Agreement. The Supplier shall carry the work forward expeditiously with adequate forces and shall complete it by the time work is to be completed as stated in the Agreement. If the Supplier is delayed at any time in the progress of the work, written notice thereof, including an explanation of the cause and the anticipated duration of the delay, shall be given promptly to the Customer by the Supplier, but in no event later than five (5) days after such delay becomes apparent. Failure to give such notice promptly and within such time limit shall be deemed sufficient reason for denial by Customer of an extension of time for performance and may be deemed a default. Failure of Supplier's ’s subcontractor or materials and equipment suppliers to meet schedules shall not be cause for an extension of time. Supplier acknowledges that it has sole responsibility for expediting the efforts of its subcontractors, suppliers, and others. Without prejudice to other remedies rights that Customer may have under the Agreement or the law, if Supplier fails to meet the time schedule or other delivery date obligations set forth herein or in the Agreement any Purchase Order (the “Guaranteed Delivery Dates”), then Supplier shall pay to Customer as liquidated damages for such delayfailure to meet the Guaranteed Delivery Dates, and not as a penalty, the amounts set forth in the applicable Agreement, if any, for each day the delivery is late under the applicable Schedule E of this Agreement or in such Purchase Order (the “Liquidated Damages”). If the Agreement Schedule E or such Purchase Order does not establish an amount, the amount of the Liquidated Damages shall be equal to two and one half per cent (12.5%) of the Contract Price for each full calendar weekday's delaydelay in failing to meet the Guaranteed Delivery Dates. Such Delay Liquidated Damages shall never exceed fifteen per cent (15%) of the Contract Price. The Parties acknowledge and agree that because of the unique nature of the performance it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Customer as a result of Supplier's ’s failure to meet the Guaranteed Delivery Dates under the applicable Agreement, Statement of Work, or applicable orderDates. It is understood and agreed by the Parties that (i) Customer shall be disadvantaged by failure of Supplier to meet such obligations,, (ii) it would be impracticable or extremely difficult to quantify the amount of Customer’s damages resulting therefrom, and (iii) any Liquidated Damages payable hereunder are not a penalty, but instead represent a fair and reasonable estimate of damages for failure to meet Supplier’s Guaranteed Delivery Dates. In no event shall the payment of any Liquidated Damages excuse Supplier from performance of any of its other obligations under this Agreement or prejudice Customer’s rights under the Agreement or Applicable Law. Customer shall have the right to set off any Liquidated Damages due from Supplier against the payment of any pending invoices to Supplier as further set forth in Article 11.

PROGRESS AND COMPLETION. It is expressly understood by the Supplier that TIME IS OF THE ESSENCE in the performance of this Agreementthe Purchase Order. The Supplier shall begin the work on the date of commencement set forth in the AgreementPurchase Order. The Supplier shall carry the work forward expeditiously with adequate forces and shall complete it by the time work is to be completed as stated in the AgreementPurchase Order. If the Supplier is delayed at any time in the progress of the work, written notice thereof, including an explanation of the cause and the anticipated duration of the delay, shall be given promptly to the Customer by the Supplier, but in no event later than five (5) days after such delay becomes apparent. Failure to give such notice promptly and within such time limit shall be deemed sufficient reason for denial by Customer of an extension of time for performance and may be deemed a default. Failure of Supplier's ’s subcontractor or materials and equipment suppliers to meet schedules shall not be cause for an extension of time. Supplier acknowledges that it has sole responsibility for expediting the efforts of its subcontractors, suppliers, and others. Without prejudice to other remedies that Customer may have under the Agreement or the law, if Supplier fails to meet the time schedule or other delivery date obligations set forth in the Agreement each individual Purchase Order (the “Guaranteed Delivery Dates”), then Supplier shall pay to Customer as liquidated damages for such delay, and not as a penalty, the amounts set forth in the applicable Agreement, if any, for each day the delivery is late under the applicable Agreement (the “Liquidated Damages”). If the Agreement does not establish an amount, the amount of the Liquidated Damages shall be equal to one half per cent (10.5%) of the Contract Price for each full calendar week's day of delay. Such Delay Damages shall never exceed fifteen per cent (15%) of the Contract Price. The Parties acknowledge and agree that because of the unique nature of the performance it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Customer as a result of Supplier's ’s failure to meet the Guaranteed Delivery Dates under the applicable Agreement, Statement of Work, or applicable order. It is understood and agreed by the Parties that (i) Customer shall be disadvantaged by failure of failureof Supplier to meet such obligations,

PROGRESS AND COMPLETION. It is expressly understood by the Supplier that TIME IS OF THE ESSENCE in the performance of this Agreementthe Purchase Order. The Supplier shall begin the work on the date of commencement set forth in the AgreementPurchase Order. The Supplier shall carry the work forward expeditiously with adequate forces and shall complete it by the time work is to be completed as stated in the AgreementPurchase Order. If the Supplier is delayed at any time in the progress of the work, written notice thereof, including an explanation of the cause and the anticipated duration of the delay, shall be given promptly to the Customer by the Supplier, but in no event later than five (5) days after such delay becomes apparent. Failure to give such notice promptly and within such time limit shall be deemed sufficient reason for denial by Customer of an extension of time for performance and may be deemed a default. Failure of Supplier's ’s subcontractor or materials and equipment suppliers to meet schedules shall not be cause for an extension of time. Supplier acknowledges that it has sole responsibility for expediting the efforts of its subcontractors, suppliers, and others. Without prejudice to other remedies that Customer may have under the Agreement or the law, if Supplier fails to meet the time schedule or other delivery date obligations set forth in the Agreement each individual Purchase Order (the “Guaranteed Delivery Dates”), then Supplier shall pay to Customer as liquidated damages for such delay, and not as a penalty, the amounts set forth in the applicable AgreementPurchase Order, if any, for each day the delivery is late under the applicable Agreement Purchase Order (the “Liquidated Damages”). If the Agreement Purchase Order does not establish an amount, the amount of the Liquidated Damages shall be equal to one per cent half percent (10.5%) of the Contract Price for Purchase Order per each full calendar week's business day of delay. Such Delay Liquidated Damages shall never exceed fifteen per cent (15%) of amounts earned under the Contract Priceapplicable Purchase Order. The Parties acknowledge and agree that because of the unique nature of the performance perfo rmance it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Customer as a result of Supplier's ’s failure to meet the Guaranteed Delivery Dates under the applicable Agreement, Statement of Work, or applicable order. It is understood and agreed by the Parties that (i) Customer shall be disadvantaged by failure of failureof Supplier to meet such obligations,

PROGRESS AND COMPLETION. It is expressly understood by the Supplier that TIME IS OF THE ESSENCE in the performance of this Agreementthe Purchase Order. The Supplier shall begin the work on the date of commencement set forth in the AgreementPurchase Order and complete it by the time stated in the Purchase Order. The Notwithstanding the above, the Supplier shall carry the work forward expeditiously as is consistent with the exercise of professional skill and care and with adequate forces and shall complete it by to allow orderly progress of the time work is to be completed as stated in the AgreementProject. If the Supplier is delayed at any time in the progress of the work, written notice thereof, including an explanation of the cause and the anticipated duration of the delay, shall be given promptly to the Customer by the Supplier, but in no event later than five (5) days after such delay becomes apparent. Failure to give such notice promptly and within such time limit shall be deemed sufficient reason for denial by Customer of an extension of time for performance and may be deemed a default. Failure of Supplier's ’s subcontractor or materials and equipment suppliers to meet schedules shall not be cause for an extension of time. Supplier acknowledges that it has sole responsibility for expediting the efforts of its subcontractors, suppliers, and others. Without prejudice to other remedies that Customer may have under the Agreement or the law, if Supplier fails to meet the time schedule or other delivery date obligations set forth in the Agreement each individual Purchase Order (the “Guaranteed Delivery Dates”), for reasons directly attributable to Supplier or its subcontractors, if any, then Supplier shall pay to Customer as liquidated damages for such delay, and not as a penalty, the amounts set forth in the applicable Agreement, if any, for each day the delivery is late under the applicable Agreement (the “Liquidated Damages”). If the Agreement does not establish an amount, from the 5th day of Supplier failing to meet the Guaranteed Delivery Date the amount of the Liquidated Damages shall be equal to one per cent percent (1%) of the Contract Price Purchase Order price for each full calendar week's day of delay. Such Delay On each Purchase Order, such Liquidated Damages shall never exceed fifteen ten per cent (1510%) of its value, including any adjustments or review carried out according with the Contract Priceterms hereunder. The Parties acknowledge and agree that because of the unique nature of the performance it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Customer as a result of Supplier's ’s failure to meet the Guaranteed Delivery Dates under the applicable Agreement, Statement of Work, or applicable order. It is understood and agreed by the Parties that (i) Customer shall be disadvantaged by failure of failureof Supplier to meet such obligations,

PROGRESS AND COMPLETION. It is expressly understood by the Supplier that except as excused by Force Majeure or as set forth elsewhere in this Agreement TIME IS OF THE ESSENCE in the performance of this Agreement. The Supplier shall begin the work on the date of commencement set forth in the Agreement. The Supplier shall carry the work forward expeditiously with adequate forces and shall complete it by the time work is to be completed as stated in the Agreement. If the Supplier is delayed at any time in the progress of the work, written notice thereof, including an explanation of the cause and the anticipated duration of the delay, shall be given promptly to the Customer by the Supplier, but in no event later than five (5) days after such delay becomes apparent. Failure to give such notice promptly and within such time limit shall be deemed sufficient reason for denial by Customer of an extension of time for performance and may be deemed a default. Failure of Supplier's subcontractor or materials and equipment suppliers to meet schedules shall not be cause for an extension of time. Supplier acknowledges that it has sole responsibility for expediting the efforts of its subcontractors, suppliers, and others. Without prejudice to other remedies that Customer may have under the Agreement or the law, if Supplier fails to meet the time schedule or other delivery date obligations set forth in the Agreement (the “Guaranteed Delivery Dates”), then Supplier shall pay to Customer as liquidated damages for such delay, and not as a penalty, the amounts set forth in the applicable Agreement, if any, for each day the delivery is late under the applicable Agreement (the “Liquidated Damages”). If the Agreement does not establish an amount, the amount of the Liquidated Damages shall be equal to one per cent (1%) of the Contract Price for each full calendar week's delay. Such Delay Damages shall never exceed fifteen per cent (15%) of the Contract Price. The Parties acknowledge and agree that because of the unique nature of the performance it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Customer as a result of Supplier's failure to meet the Guaranteed Delivery Dates under the applicable Agreement, Statement of Work, or applicable order. It is understood and agreed by the Parties that (i) Customer shall be disadvantaged by failure of Supplier to meet such obligations,

PROGRESS AND COMPLETION. It is expressly understood by the Supplier that TIME IS OF THE ESSENCE in the performance of this Agreement. The Supplier shall begin the work on the date of commencement set forth in the Agreement. The Supplier shall carry the work forward expeditiously with adequate forces and shall complete it by the time work is to be completed as stated in the Agreement. If the Supplier is delayed at any time in the progress of the work, written notice thereof, including an explanation of the cause and the anticipated duration of the delay, shall be given promptly to the Customer by the Supplier, but in no event later than five (5) days after such delay becomes apparent. Failure to give such notice promptly and within such time limit shall be deemed sufficient reason for denial by Customer of an extension of time for performance and may be deemed a default. Failure of Supplier's ’s subcontractor or materials and equipment suppliers to meet schedules shall not be cause for an extension of time. Supplier acknowledges that it has sole responsibility for expediting the efforts of its subcontractors, suppliers, and others. Without prejudice to other remedies that Customer may have under the Agreement or the law, if Supplier fails to meet the time schedule or other delivery date obligations set forth in the Agreement (the “Guaranteed Delivery Dates”), then Supplier shall pay to Customer as liquidated damages for such delay, and not as a penalty, the amounts set forth in the applicable Agreement, if any, for each day the delivery is late under the applicable Agreement (the “Liquidated Damages”). If the Agreement does not establish an amount, the amount of the Liquidated Damages shall be equal to one per cent (1%) of the Contract Price total Project cost for each full calendar week's delay. Such Delay Damages shall never exceed fifteen per cent (15%) of the Contract Pricetotal Project cost. The Parties acknowledge and agree that because of the unique nature of the performance it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Customer as a result of Supplier's ’s failure to meet the Guaranteed Delivery Dates under the applicable Agreement, Statement of Work, or applicable orderorder . It is understood and agreed by the Parties that (i) Customer shall be disadvantaged by failure of Supplier to meet such obligations,

PROGRESS AND COMPLETION. It is expressly understood by the Supplier that TIME IS OF THE ESSENCE in the performance of this Agreementthe Purchase Order. The Supplier shall begin the work on the date of commencement set forth in the AgreementPurchase Order. The Supplier shall carry the work forward expeditiously with adequate forces and shall complete it by the time work is to be completed as stated in the AgreementPurchase Order. If the Supplier is delayed at any time in the progress of the work, written notice thereof, including an explanation of the cause and the anticipated duration of the delay, shall be given promptly to the Customer by the Supplier, but in no event later than five (5) days after such delay becomes apparent. Failure to give such notice promptly and within such time limit shall be deemed sufficient reason for denial by Customer of an extension of time for performance and may be deemed a default. Failure of Supplier's ’s subcontractor or materials and equipment suppliers to meet schedules shall not be cause for an extension of time. Supplier acknowledges that it has sole responsibility for expediting the efforts of its subcontractors, suppliers, and others. Without prejudice to other remedies that Customer may have under the Agreement or the law, if Supplier fails to meet the time schedule or other final delivery date obligations obligation set forth in the Agreement each individual Purchase Order (the “Guaranteed Delivery DatesDate”), then Supplier shall pay to Customer as liquidated damages for such delay, and not as a penalty, the amounts set forth in the applicable AgreementPurchase Order, if any, for each day the delivery is late under the applicable Agreement Purchase Order (the “Liquidated Damages”). If the Agreement Purchase Order does not establish an amount, from the 3rd day of Supplier failing to meet the Guaranteed Delivery Date the amount of the Liquidated Damages shall be equal to one half per cent (10.5%) of the Contract Price for each full calendar week's day of delay. Customer will continuously assess Supplier’s performance, at the end of each milestone. Customer may determine that the performance of the Supplier is not in accordance with sound and generally accepted industry practice by those who render these types of services with that degree of skill and care as required by customarily accepted professional practices and procedures, in Customer’s reasonable determination. If Customer determines that Supplier has failed to perform in accordance with sound and generally accepted industry practice by those who render these types of services with that degree of skill and care as required by customarily accepted professional practices and procedures related to assessments over the course of the Services for each individual milestone, then if in Customer’s reasonable discretion, Supplier fails to meet such standard, then Supplier will be determined to have not met the Guaranteed Delivery Date for that milestone. For example: If milestone 1 is due on September 1, and Supplier turns in the deliverables on September 1st but fails to meet the above standard in Customer’s reasonable discretion, then the 0.5% liquidated damages amount will be assessed for that milestone (as a “one-day late” assessment). If, in the previous example, the Supplier turns in the deliverables on September 3rd but also failed to meet the above standard in Customer’s reasonable discretion, then the 0.5% liquidated damages amount will be assessed for the two days of late delivery, plus the “one-day late” assessment for a total of 1.5% liquidated damages assessment Such Delay Liquidated Damages shall never exceed fifteen ten per cent (1510%) of the Contract Price. The Parties acknowledge and agree that because of the unique nature of the performance it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Customer as a result of Supplier's failure to meet the Guaranteed Delivery Dates under the applicable Agreement, Statement of Work, or applicable order. It is understood and agreed by the Parties that (i) Customer shall be disadvantaged by failure of Supplier to meet such obligations,, (ii) it would be impracticable or extremely difficult to quantify the amount of Customer’s damages resulting therefrom, and (iii) any Liquidated Damages payable under the applicable Agreement, Statement of Work, or applicable order are not a penalty, but instead represent a fair and reasonable estimate of damages for failure to meet Supplier’s Guaranteed Delivery Date. In no event shall the payment of any Liquidated Damages excuse Supplier from performance of any of its other obligations under this Agreement or prejudice Customer’s rights under the Agreement or Applicable Law. Customer shall have the right to deduct any Liquidated Damages due from the payment of any pending invoices to Supplier.