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24 . 8 .2 . In addition to the foregoing daily liquidated damages , the CMAR shall pay as Event <br /> Liquidated Damages an additional one-time charge of $ for failure to complete <br /> substantial completion and beneficial occupancy for lad in and setup for a scheduled <br /> event by pm on <br /> 24 . 9 . In addition to the foregoing liquidated damages , the Owner may recover extended utility charges as <br /> expressly set forth elsewhere in this Contract . <br /> 24 . 10 . The CMAR shall not use its unexpended GMP Contingency to pay liquidated damages . The <br /> CMAR may in its discretion provide in its construction contracts that its Subcontractors will be <br /> liable for liquidated delay damages, in the amount of the Owner' s liquidated damages or in <br /> different amounts . Notwithstanding anything in this Contract that might be construed to the <br /> contrary, in the event the CMAR deducts liquidated damages from a particular construction <br /> contract, thereby reducing the sum payable under that contract, the GMP will not be reduced by the <br /> amount withheld from that Subcontractor . <br /> 24 . 11 . Other than extended utility charges, liquidated damages shall be Owner' s sole remedy for delay or <br /> inability to use the Project or any portion thereof. This provision for liquidated damages does not <br /> bar Owner' s right to enforce its other contractual rights and remedies under this Contract, including <br /> without limitation the right to order the CMAR to accelerate the Work or the right to terminate the <br /> Contract . Liquidated damages represent the Owner ' s best effort at the commencement of the <br /> Contract to estimate its reasonable anticipated damages for delay , and should not be construed as a <br /> penalty . <br /> i <br /> 25. CONSTRUCTION SUPERVISION AND SCHEDULE <br /> i <br /> 25 . 1 . The CMAR shall maintain a competent and adequate full-time staff approved by the Owner at the <br /> Project site to coordinate and provide adequate direction of the Work, and to monitor progress of <br /> the Subcontractors on the Project at all times . The CMAR ' s on - site representatives shall manage <br /> the Work of the Subcontractors and coordinate the Work with the activities and responsibilities of <br /> the Owner, Project Designer and CMAR to complete the Project in accordance with the Owner ' s <br /> objectives of cost, time and quality . <br /> 25 . 2 . It is understood that the designated and approved on- site resident CMAR representatives will <br /> i <br /> remain on the job and in responsible charge as long as those persons remain employed by the <br /> CMAR, unless the Owner ' s Representative agrees otherwise in writing during the course of the <br /> Project . A contract amendment may be required by the Owner ' s Representative issued accordingly <br /> by the Owner. The Owner may request in writing that the CMAR promptly remove any individual <br /> staff member for any reason . <br /> 25 . 3 . The CMAR shall establish an on-site organization and lines of authority in order to carry out the <br /> overall plans of the Project Team . The CMAR will provide for all coordination with the on- site <br /> Subcontractors the necessary on- site services for the construction activities and on-site <br /> requirements of the CMAR, Owner and Project Designer. <br /> 25 . 4 . The CMAR shall accept delivery and arrange for storage, protection and security for any Owner <br /> purchased materials, systems and equipment that are a part of the Work until such items are turned <br /> over to the respective Subcontractors . <br /> 25 . 5 . The CMAR shall provide a critical path method ("CPM") schedule utilizing accepted standard <br /> computer based software . The scheduling software shall allow for integration of all aspects of the <br /> Project and provide for coordination of all Work to be performed . The scheduling software used by <br /> the CMAR shall be capable of producing and coordinating logic developed network diagrams , and <br /> tabular format reports . <br /> 25 . 6 . After acceptance of each GMP and issuance of a construction contract amendment to the CMAR <br /> for a Construction Phase of the Project and within fifteen ( 15 ) days of written notice to proceed <br /> i <br /> Page 26 of 52 <br /> Revised 12/24, 4/25 = <br /> I <br /> 3 <br /> 1 <br />