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DocuSign Envelope ID: B49FB256 -4ADF- 4759- AF63- 134AD44FC239 <br />determined by the Owner. In the event of dispute by the Contractor as to the <br />amount of time by which the Contract may be extended, the matter shall be <br />referred to the Architect, in accordance with Paragraphs 4.3 and 4.4, whose <br />decision thereon shall be final and binding upon the parties hereto. In no event <br />shall the Contractor be entitled to monetary damages for delays. Furthermore, the <br />Contractor shall not be entitled to any such extension of time unless a claim for <br />such extension is presented in writing to the Owner within seven (7) days of the <br />commencement of such claimed delay. Such extension or extension of time, as <br />determined by the Owner or by the Architect, or the decision or decisions of the <br />Architect that no extension of time shall be allowed, shall release and discharge <br />the Owner of and from any and all claims of whatever character by the <br />Contractor on the account of the aforesaid or any other causes of delay. <br />2. Delete Subparagraph 8.3.3 in its entirety and insert in its stead the following new <br />Subparagraph 8.3.3: <br />8.3.3 If the Owner or Architect shall determine from comparison of weekly <br />progress reports with the progress schedule, that the Work has not proceeded in <br />accordance with the project schedule, the Architect shall notify the Contractor, <br />and the Contractor shall, within 7 calendar days of receipt of such notice, notify <br />the Owner and the Architect of, and subject to the Owner's approval adopt such <br />other or additional means and methods of construction as will make up the <br />amount of time by which the progress in the Work is behind the progress <br />schedule. Additional means and methods of construction as set forth herein shall <br />mean and include sufficient manpower, equipment, resources and supervision as <br />is necessary in the opinion of the Owner or Architect to bring the Work back on <br />schedule. <br />Insert a new Subparagraph 8.3.4 as follows: <br />8.3.4 The Contractor shall begin the Work on the Date of Commencement and <br />shall perform the Work diligently, expeditiously, and with adequate resources so <br />as to complete all the Work within the Contract Time. The Contractor shall <br />reschedule or resequence the Work, to the extent possible, to avoid or minimize <br />any delay to the Contract Time. The Contractor shall not, without the Owner's <br />prior approval, reschedule or resequence so that an action, approval, or activity of <br />the Owner moves onto the critical path or otherwise becomes critical to the <br />Contract Time. <br />4. Insert a new Subparagraph 8.3.4 as follows: <br />Excessive inclement weather; the Contract Time will not be extended due to <br />reasonably anticipated inclement weather or for delays in the aftermath of <br />inclement weather, reasonably anticipated or excessive. The time for <br />performance of this Contract, as stated in the Contract Documents, includes an <br />allowance for calendar days which may not be available for construction out -of- <br />doors; for the purposes of this Contract, the Contractor agrees that the number of <br />calendar days per month stated below are to be considered reasonably anticipated <br />inclement weather. Unless the Contractor can substantiate to the satisfaction of <br />the Owner that there was greater than the reasonably anticipated inclement <br />weather considering the time from the notice -to- proceed until the building is <br />enclosed using data from the nearest National Weather Service Station or a <br />SGC - 10 <br />