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and equipment, were included because of their importance to the City. <br /> 2.8 Contractor acknowledges and recognizes that the City is entitled to full and beneficial <br /> occupancy and use 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 Work within the time stipulated in this Agreement, and <br /> 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 resulting 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 construction of the Project is delayed through no fault of Contractor or Owner; it is <br /> agreed that Contractor's sole and exclusive remedy is a time extension of the Time for <br /> Completion equal to each day the Work is so delayed. The City shall not be liable for any delay <br /> damages or damages in any way attributable to performing work out of sequence, acceleration <br /> claims, or other similar type claims, incurred by Contractor or any of its Sub-contractors, arising <br /> out of or in any way associated with the performance of this Contract. <br /> ARTICLE 5. CONTRACT AMOUNT, PROGRESS <br /> PAYMENTS AND FINAL PAYMENT <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 Two Million Seven Hundred <br /> Eighty Eight Thousand Seven Hundred Twenty Four Dollars and Eighty Seven Cents <br /> (S2,788,724.87). Payment shall be made pursuant to approved applications for payment <br /> approved by the City. Payment shall be made within thirty (30) days after the City's receipt of <br /> Contractor's Application for Payment, approved by the City, and accompanied by sufficient <br /> supporting documentation, and containing sufficient detail, to allow a proper audit of <br /> expenditures, should the City require one to be performed. <br /> 5.2 Contractor may make Application for Payment for Work completed during the Project <br /> at intervals of not more than once a month. Contractor's Application for Payment shall include <br />