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Page | 25 <br />Revised 12/24 <br /> <br /> <br />24.3. If the CMAR is delayed at any time in the progress of its Work by any act or negligence of the <br />Owner or the Project Designer, or by any employee of either; by changes ordered in the Work; by <br />labor disputes at the Project site; by abnormal weather conditions not reasonably anti cipated for the <br />locality where the Work is performed; by unavoidable casualties; by any causes beyond the <br />CMAR’s control; or by any other causes which the Project Designer and Owner determine may <br />justify the delay, then the contract time may be extended by change order for the time which the <br />Project Designer and Owner may determine is reasonable. Contract defaults or other breaches of <br />any legal duty by a Subcontractor shall not be grounds for a time extension under this Contract. <br />Time extensions will not be granted for rain, wind, snow or other natural phenomena of normal <br />intensity for the locality where Work is performed. For purpose of determining the extent of delay <br />attributable to unusual weather phenomena, a determination shall be made by comparing the <br />weather for the contract period involved with the average of the preceding twenty (20) year <br />climatic range during the same time interval based on the National Oceanic and Atmospheric <br />Administration National Weather Service statistics for the locality where Work is performed and on <br />daily weather logs kept on the job site by the CMAR reflecting the effect of the weather on <br />progress of the Work and initialed by the Project Designer. Time extensions for weather delays <br />shall not entitle the CMAR to an increase in the GMP. <br /> <br />24.4. It is the CMAR’s responsibility to meet the required construction completion dates, as extended by <br />the Owner in accordance with the Contract. As an inducement to the CMAR to meet the required <br />substantial completion date for the Project, the Owner will include in the Total Construction <br />Budget an Early Completion Bonus Fund amount of one percent (1.0%) of the actual Project GMP, <br />which shall be payable to the CMAR as an Early Completion Bonus if the Project is completed <br />prior to the substantial completion date, as extended in accordance with this Contract and further <br />provided that the Project is completed under budget and so long as including payment of the Early <br />Completion Bonus Fund does not result in an amount that exceeds the Total Const ruction Budget. <br />This Early Completion Bonus, if earned, will be included in the final payment to the CMAR. If the <br />CMAR decides that any action must be taken in order to meet its contractual responsibility to <br />complete the Project on time or to mitigate liquidated damages payable to the Owner, including for <br />example and without limitation forcing Subcontractors to work overtime, increase labor forces or <br />staffing, or work out of sequence, then the CMAR may, upon written notice to the Owner, waive its <br />right to the Early Completion Bonus. Upon notice that the CMAR waives its right to the Early <br />Completion Bonus, the Owner shall make the funds budgeted for the Early Completion Bonus <br />available to the CMAR to pay the actual costs of such action as a Cost of the Work. The CMAR <br />will enforce all rights and remedies that it has against any and all Subcontractors that are <br />responsible for the failure to complete the Project within the schedule, and reimburse the Owner for <br />the sums contributed under this paragraph to the extent the CMAR is able to recover those costs <br />from those Subcontractors. If the Project is not substantially complete by the substantial completion <br />date as extended, the Early Completion Bonus shall be deemed automatically waived without <br />further notice, and the funds shall be made available to take action to maintain the Project on <br />schedule. Once the funds budgeted for the Early Completion Bonus are exhausted, all costs <br />associated with any action taken to stay within the completion schedule are the CMAR’s <br />responsibility within the GMP. If the CMAR finds that the schedule is likely to be impacted by an <br />action or inaction on the part of the Owner, the CMAR must review the situation with the Owner in <br />a timely manner, and if necessary, to obtain a change order amen dment for such Work prior to <br />taking any action which has a time and/or cost impact. All change orders will be settled in full. No <br />caveats for later settlement of time extensions or delays will be accepted. <br />24.5. Request for extension of time shall be mad e in writing within ten (10) days following the event <br />that is the cause of delay. In case of continuing cause for delay, the CMAR shall notify the Project <br />Designer of the delay within 20 days of the beginning of the delay and only one claim is necessary. <br />Failure to make a timely claim will constitute a waiver of said claim for extensions of time or for <br />monetary compensation. <br /> <br />24.6. The CMAR shall notify its surety in writing of each extension of time granted. <br />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78