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request for time extension at least sixty (60) calendar days prior to contract expiration date. Liquidated damages resulting from factors beyond the control of the Contractor, which occur too late to allow the City Manager may waive time for action by the City Manger approving a time extension. Such waiver shall be granted only when the Engineer determines that the delay is beyond the control of the Contractor, and in this event the Contractor shall not be charged with liquidated damages or any excess cost when the delay in the completion of the work is due: a. To any order duly issued by the City changing the Contractor's approved work schedule; b. To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the City, acts of another Contractor in the performance of a Contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and severe weather; and C. To any delays of subcontractors or suppliers occasioned by any of the cause specified in subparagraphs (a) and (b) above. Provided further that the Contractor shall, within ten (10) days from the beginning of such delay, notify the Engineer, in writing, of the caused of the delay, the Engineer shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of his decision in the matter. The Contractor shall assume all risks resulting from delays except that should the City, by act or omission, cause delays which result in actual loss to the Contractor, reimbursement thereof will be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed the Contractor as reimbursement for any other delays whatsoever, regardless of by what or by whom caused, even though by other Contractors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. If the Contractor fails to complete the work within the time limit, and if the City should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Contractor for damages arising from non - completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Contractor. 24. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers or vendors names, trade names, catalog numbers, or otherwise, it is intended to establish a standard; and, any material, article, or General Specifications Page 13 of 16