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meet all deadlines established in the Contract Documents. <br /> 2.9 All dates and periods of time set forth in the Contract Documents, including those for the <br /> commencement and completion of the Work, and for the delivery and installation of materials <br /> and equipment, were included because of their importance to the City. <br /> 2.10 Contractor acknowledges and recognizes that the City is entitled to full and beneficial <br /> occupancy and use of the Work following expiration of the Time for Completion. <br /> 2.11 Contractor agrees to the assessment of liquidated damages as provided in this Agreement. <br /> 2.12 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 Substantial and Final Completion of the Work within the time stipulated in this <br /> Agreement, and shall not entitle the Contractor to an adjustment of the Contract Amount. All <br /> parties under the control or contract with the Contractor shall include, but are not limited to, <br /> subcontractors, 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 City's Project Manager all <br /> documentation supporting its claim, including, details of the claim, a description of the work <br /> affected and the actual costs resulting from the delay. Failure of Contractor to comply with this <br /> Article as to any particular event of delay shall be deemed conclusively to constitute a waiver, <br /> abandonment or relinquishment of any and all claims resulting from that particular event of delay. <br /> ARTICLE 4. NO DAMAGE FOR DELAY <br /> In the event Work is delayed through no fault of Contractor or Owner, it is agreed that <br /> 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 City shall not be liable for any delay damages or <br /> damages in any way attributable to performing 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 Agreement. <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 Agreement the total amount not to exceed Two Million Nine Hundred <br /> Sixty Five Thousand Seven Hundred Fifty Dollars and Twenty Cents ($2,965,750.20). <br /> Payment shall be made pursuant to approved applications for payment approved by the City. <br /> Payment shall be made within thirty(30) days after the City's receipt of Contractor's Application <br /> for Payment,approved by the City, and accompanied by sufficient supporting documentation, and <br /> containing sufficient detail, to allow a proper audit of expenditures, should the City require <br /> 5 <br />