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1 ' 12.3.1 These amounts are not penalties but are liquidated damages to CITY for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing 1 the impossibility of precisely ascertaining the amount of damages that will be sustained by CITY as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above - stated liquidated damages shall apply separately to each phase of the ' Project for which a time for completion is given. 12.3.2 City is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.3.3 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all ' costs incurred by CITY for the CONSULTANT'S fees in administering the construction of the Project due to the failure of the CONTRACTOR to comply with the Contract Documents, to also include additional time beyond an approved extension of time granted to CONTRACTOR, whichever date is later. Such costs shall be deducted from the monies due CONTRACTOR for performance of Work under this Contract by means of a unilateral Change Order issued by the CITY. 12.4 The Contract time may only be changed by a Change Order. Any claim for an extension in the CONTRACT ' ME shall be based on written notice delivered to the CITY and CONSULTANT within five (5) days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Agreement. 12.6 No claim for delay shall be allowed because of failure to furnish Drawings until fourteen (14) days after demand to the CONSULTANT for such Drawings and not then unless such claim be reasonable. ' 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Section 12.4. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent CONTRACTOR from productively ' performing controlling items of Work identified on the accepted schedule or updates resulting in: a) CONTRACTOR being unable to work at least fifty percent (50 %) of the normal workday on controlling ' items of Work identified on the accepted schedule or updates due to adverse weather conditions; or b) CONTRACTOR must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by CONTRACTOR, and providing that CONTRACTOR was unable to work at least fifty percent (50 %)of the normal workday on controlling items of Work identified on the accepted schedule or updates. 12.8 No Damages for Delay: No claim for damages or any claim, other than for an extension of time as provided for in Section 12.4 shall be made or asserted against CITY by reason of any delays. CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, ' indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. 1 00710-21