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commencement and completion of the Services; and for the delivery and installation of materials <br />and equipment, were included because of their importance to the City. <br />2.8 Contractor acknowledges and recognizes that the Citv is entitled to full and beneficial use <br />of the Project following expiration of the Time for Completion. <br />2.9 Contractor agrees to the assessment of liquidated damages as provided in this Agreement <br />2.10 Except for extensions approved in writing by the City, Excusable Delays; or as <br />otherwise specifically provided in this Agreement, the Contractor understands that the occurrence <br />of events of delay within the Contractor's reasonable control shall not excuse the Contractor from its <br />obligation to achieve Final Completion of the Services within the time stipulated in this Agreement. <br />and shall not entitle the Contractor to an adjustment of the Contract Amount. All parties under the <br />control or contract with the Contractor shall include_. but are not limited to. subcontractors, <br />materialmen and/or laborers. <br />ARTICLE 3. EXCUSABLE DELAY <br />The Time for Completion may be extended by reason of an Excusable Delay. An Excusable <br />Delay is delay caused by circumstances (i) beyond the reasonable control of Contractor. <br />its Sub - Contractors. suppliers and vendors and (ii) not caused by the negligence of Contractor. its <br />Sub - Contractors, suppliers and vendors. Where Contractor claims that it is entitled to an extension <br />because of an excusable delay. it shall furnish to the Project Manager all documentation <br />supporting its claim. including, details of the claim. a description of the work affected and the <br />actual costs resultine from the delay. Failure of Contractor to comply with this Article as to any <br />particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or <br />relinquishment of any and all claims resulting from that particular event of delay. <br />ARTICLE 4. NO DAMAGE FOR DELAY <br />In the event completion of the Project is delayed through no fault of Contractor or City, it is agreed <br />that Contractor's sole and exclusive remedy is a time extension of the Time for Completion <br />equal to each day the work is so delayed. The Cite shall not be liable for any delay damages or <br />damages in any Nvay attributable to perforating work out of sequence, acceleration claims; or other <br />similar type claims, incurred by Contractor or any of its Sub - contractors, arising out of or in any <br />way associated with the performance of this Contract. <br />ARTICLE 5. CONTRACT ANIOUNT, PROGRESS <br />PAYMENTS AND FINAL PAYI7ENT <br />5.1 The City shall pay to the Contractor, for the faithful performance of all work in <br />connection with this Project the total amount not to exceed One tMillion Two Hundred Thirty <br />Seven Thousand Seven Hundred Fifty Five Dollars and Eighty Cents (51,237,755.80) for all <br />Services performed under this Agreement. Payment shall be made pursuant to approved <br />applications as stated in the Contractor's "Payment Schedule ", attached hereto as Attachment <br />"A ". Payment shall be made within thirty (30) days after the City's receipt of Contractor's <br />Application for Payment, approved by the City, and accompanied by sufficient supporting <br />documentation. and containing sufficient detail, to allow a proper audit of all expenditures <br />{ D <br />iii <br />