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Page | 26 <br />Revised 12/24 <br /> <br /> <br />24.7. The schedule for all responses by the Project Designer to submittals by the CMAR shall be part of <br />the Project schedule, as amended from time to time in accordance with the Contract. No request for <br />a time extension shall be allowed on account of failure of the Project Designer to process any type <br />of submittals, furnish drawings, or provide instructions unless and until the CMAR provides <br />written notice of the request and processes it in accordance with paragraphs 24.4 and 24.5. <br /> <br />24.8. Should the CMAR fail to bring the Project to substantial completion within the time prescribed by <br />the schedule that is established at the time the final GMP is accepted (or such later date as may <br />result from extension of time granted by the Owner), the CMAR shall be liable to the Owner for <br />delay damages as set forth herein. The CMAR acknowledges that delays will damage the Owner, <br />but also acknowledges that proof of such damages would be difficult and costly for both parties, <br />and that the injury to the Owner which could result from a failure of the CMAR to complete on <br />schedule is uncertain and cannot be computed with exact precision. In order to liquidate in advance <br />the delay damages that the Owner will be entitled to recover from the CMAR in the event of <br />unexcused delays in the completion of the Project, the CMAR agrees that it will pay, and that the <br />Owner may retain from the funds otherwise to be paid to the CMAR, the following liquidated <br />damages, which sums are agreed upon as a reasonable and proper measure of damages which the <br />Owner will sustain by failure of the CMAR to complete Work within the time stipulated: <br /> <br />24.8.1. The sum of $ per day for each consecutive calendar day that the CMAR fails to <br />achieve substantial completion of the entire Project; provided that the daily liquidated <br />damages to be assessed against and paid by the CMAR through the date of substantial <br />completion shall not exceed and No/100 dollars ($ ). <br /> <br />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 /> <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 /> <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 t o 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 /> <br />24.11. This provision for liquidated damages does not bar Owner’s right to enforce its other contractual <br />rights and remedies under this Contract, including without limitation the right to order the CMAR <br />to accelerate the Work or the right to terminate the Contract. Liquid ated damages represent the <br />Owner’s best effort at the commencement of the Contract to estimate its reasonable anticipated <br />damages for delay, and should not be construed as a penalty. <br /> <br />25. CONSTRUCTION SUPERVISION AND SCHEDULE <br /> <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 />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78