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d. Related documents listed under Section 1 above. <br /> 3. TERM AND SCHEDULING <br /> a. The Contractor agrees to commence work pursuant to the written Notice-to Proceed. <br /> b. The Contractor agrees to complete substantially all Work included by a calendar date not <br /> to exceed one hundred fifty four (154) days after the Notice to Proceed Date that should <br /> occur in October 2010. The Notice to Proceed will occur no later than ten (10) days after <br /> the execution of this Contract or when all applicable permits are received by the <br /> Contractor, whichever is later. The substantial completion date is TBD based on this <br /> information above. <br /> c. Time is of the essence with respect to all dates specified in the Contract Documents as <br /> Completion Dates. <br /> d. The Contractor shall perform the Work in the time, manner and form required by the <br /> Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the <br /> Contractor and Owner. <br /> e. It is expressly understood that the Owner will employ other contractors to perform work as <br /> a part of the Project whose work will be performed simultaneously and sequentially with <br /> the performance of the Work by the Contractor. It shall be necessary for the Contractor to <br /> coordinate its activities with such other contractors, particularly with respect to access to <br /> work areas, storage of materials and other common facilities. <br /> f. Should the Owner determine that the Contractor is behind schedule Owner may require, at <br /> no additional cost to the Owner, the Contractor to expedite and accelerate its efforts, <br /> including providing additional resources and working overtime, as necessary, to perform <br /> the Work in accordance with the approved project schedule. <br /> 4. STANDARD OF CARE <br /> a. The Contractor shall exercise reasonable care and diligence in performing the Work in <br /> accordance with the highest generally accepted standards of this type of Contractor <br /> practice throughout the United States and in accordance with applicable federal, state and <br /> local laws and regulations applicable to the performance of these services. Contractor is <br /> solely responsible for the professional quality, accuracy and timely completion and/or <br /> submission of all work. <br /> b. The Contractor shall not load or permit any part of the Work to be loaded with a weight <br /> that will endanger its safety, intended performance or configuration. <br /> c. Contractor shall be responsible for all errors or omissions, in the performance of the <br /> Agreement. Contractor shall correct any and all errors, omissions, discrepancies, <br /> ambiguities, mistakes or conflicts at no additional cost to the Owner. <br /> d. Contractor is an independent contractor of Owner. Any and all employees of the <br /> Revised September 2010 2 <br />