UP TO AN AGGREGATE AMOUNT OF THREE
MILLION SEVEN HUNDRED FIFTY THOUSAND U.S. DOLLARS (U.S.$3,750,000).
B.
OWNER RELIEF.
SUBJECT TO SECTION 6.8C,
OWNER'S OBLIGATIONS UNDER THIS AGREEMENT SHALL BE SUSPENDED TO THE EXTENT THAT
PERFORMANCE OF SUCH OBLIGATIONS IS DELAYED OR PREVENTED BY FORCE MAJEURE, BUT
WITHOUT PREJUDICE TO CONTRACTOR'S ENTITLEMENT TO A CHANGE ORDER TO THE EXTENT
SET FORTH IN SECTION 6.2A.
C.
PAYMENT OBLIGATIONS.
NO OBLIGATION OF A
PARTY TO PAY MONEYS UNDER OR PURSUANT TO THIS AGREEMENT SHALL BE EXCUSED BY
REASON OF FORCE MAJEURE.
6.9
EXTENSIONS OF TIME AND ADJUSTMENT OF
COMPENSATION.
WITH RESPECT TO ANY OF THE CIRCUMSTANCES SET FORTH IN SECTION
6.2A WHICH CAUSE DELAY OF THE COMMENCEMENT, PROSECUTION OR COMPLETION OF THE
WORK FOR WHICH CONTRACTOR IS ENTITLED TO A CHANGE ORDER (WITH THE EXCEPTION OF
DELAY RESULTING FROM AN EVENT OF FORCE MAJEURE, WHICH SHALL BE GOVERNED IN
ACCORDANCE WITH SECTION 6.8), CONTRACTOR SHALL BE ENTITLED TO AN EXTENSION TO
THE TARGET BONUS DATE AND/OR GUARANTEED SUBSTANTIAL COMPLETION DATE IF AND TO
THE EXTENT: (I) SUCH DELAY CAUSES A DELAY IN THE CRITICAL PATH OF THE WORK; (II)
CONTRACTOR HAS COMPLIED WITH THE NOTICE AND CHANGE ORDER REQUIREMENTS IN SECTION
6.5 AND THE MITIGATION REQUIREMENTS OF SECTION 6.11; AND (III) SUCH DELAY IS NOT
ATTRIBUTABLE TO CONTRACTOR OR ANY OF ITS SUBCONTRACTORS OR SUB-SUBCONTRACTORS.
CONTRACTOR SHALL DEMONSTRATE TO OWNER ITS ENTITLEMENT TO RELIEF UNDER THIS
SECTION BY PROVIDING TO OWNER AN UPDATED CPM SCHEDULE USING PRIMAVERA PROJECT
PLANNER (P3) IN ITS NATIVE ELECTRONIC FORMAT WITH ACTUAL DURATIONS ENTERED FOR
ALL ACTIVITIES ON THE CRITICAL PATH AND RE-FORECASTED CLEARLY TO INDICATE
CONTRACTOR'S ENTITLEMENT TO A TIME EXTENSION UNDER THIS SECTION 6.9.
CONTRACTOR
SHALL BE ENTITLED TO AN ADJUSTMENT TO THE CONTRACT PRICE FOR REASONABLE,
ADDITIONAL COSTS INCURRED BY CONTRACTOR FOR DELAY OR IN MITIGATION OR AVOIDANCE
OF A DELAY WHICH WOULD OTHERWISE MEET SUCH REQUIREMENTS OF
48
THIS SECTION 6.9.
FOR THE AVOIDANCE OF DOUBT, SECTION 6.9 SHALL GOVERN THE
DETERMINATION OF ANY RIGHT OF CONTRACTOR TO AN ADJUSTMENT TO THE TARGET BONUS
DATE AND/OR THE GUARANTEED SUBSTANTIAL COMPLETION DATE FOR DELAY UNLESS SUCH
DELAY IS CAUSED BY FORCE MAJEURE.
6.10
DELAY. FOR THE PURPOSES OF THIS AGREEMENT, THE
TERM "DELAY" SHALL INCLUDE HINDRANCES, DISRUPTIONS OR OBSTRUCTIONS, OR ANY OTHER
SIMILAR TERM IN THE INDUSTRY AND THE RESULTING IMPACT FROM SUCH HINDRANCES,
DISRUPTIONS OR OBSTRUCTIONS, INCLUDING INEFFICIENCY, IMPACT, RIPPLE OR LOST
PRODUCTION.
6.11
CONTRACTOR OBLIGATION TO MITIGATE DELAY.
CONTRACTOR SHALL NOT BE ENTITLED TO ANY ADJUSTMENT TO THE PROJECT SCHEDULE OR
ADJUSTMENT TO THE CONTRACT PRICE FOR ANY PORTION OF DELAY TO THE EXTENT
CONTRACTOR COULD HAVE TAKEN, BUT FAILED TO TAKE, REASONABLE ACTIONS TO MITIGATE
SUCH DELAY.
Article 7
CONTRACT PRICE AND PAYMENTS TO CONTRACTOR
7.1
CONTRACT PRICE.
AS COMPENSATION IN FULL TO
CONTRACTOR FOR THE FULL AND COMPLETE PERFORMANCE OF THE WORK AND ALL OF
CONTRACTOR'S OTHER OBLIGATIONS UNDER THIS AGREEMENT, OWNER SHALL PAY AND
CONTRACTOR SHALL ACCEPT SIX HUNDRED FORTY-SIX MILLION, NINE HUNDRED THIRTY-SIX
THOUSAND U.S. DOLLARS (U.S.$646,936,000) (THE