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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 by December 31, 2019. <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 />g. Contractor will provide union labor and will make reasonable efforts to ensure that they <br />will work in harmony with others. To effect this, Contractor agrees to provide sufficient <br />workers, equipment and materials for prompt and diligent prosecution of the work. <br />Notwithstanding any language to the contrary contained in the contract documents, a work <br />stoppage, whether caused by strikes, lockouts or other labor disputes, shall not constitute a <br />breach of contract or an event of default. <br />h. Contractor’s ability to maintain scheduled job progress is conditioned upon Contractor <br />being allowed additional time for delays beyond their control as well as the timely <br />furnishing to them of completed and code compliant hoistway(s) (wellways) and machine <br />rooms, necessary approvals and power of proper characteristics, all for our uninterrupted <br />use. <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 practice <br />throughout the United States and in accordance with applicable federal, state and local laws <br />and regulations applicable to the performance of these services. Contractor is solely <br />responsible for the professional quality, accuracy and timely completion and/or submission <br />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 caused by its employees, agents, <br />contractors, or assigns in the performance of the Agreement. Contractor shall correct any <br />Revised 12/18 2 <br />DocuSign Envelope ID: 47D12065-7220-4277-A47F-FC1DAC0CA54F