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§ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically
<br />defined.
<br />§ 8.2 Progress and Completion
<br />§ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement,
<br />the Contractor confirms that the Contract Time is a reasonable period for performing the Work.
<br />§ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence
<br />the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner.
<br />§ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion
<br />within the Contract Time.
<br />§ 8.3 Delays and Extensions of Time
<br />§ 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect
<br />of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work;
<br />(3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented
<br />in accordance with Section 15.1.6.2, or other causes beyond the Contractor's control; (4) by delay authorized by the
<br />Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts, and the
<br />Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the Architect
<br />may determine.
<br />§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.
<br />§ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the
<br />Contract Documents.
<br />ARTICLE 9 PAYMENTS AND COMPLETION
<br />§ 9.1 Contract Sum
<br />§ 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount
<br />payable by the Owner to the Contractor for performance of the Work under the Contract Documents.
<br />§ 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
<br />contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial
<br />inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted.
<br />§ 9.2 Schedule of Values
<br />Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a
<br />schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the
<br />various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to
<br />substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as
<br />a basis for reviewing the Contractor's Applications for Payment. Any changes to the schedule of values shall be
<br />submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and
<br />unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's subsequent Applications for
<br />Payment.
<br />§ 9.3 Applications for Payment
<br />§ 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the
<br />Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under
<br />Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all
<br />data substantiating the Contractor's right to payment that the Owner or Architect require, such as copies of
<br />requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if
<br />provided for in the Contract Documents.
<br />§ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in
<br />the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the
<br />Architect, but not yet included in Change Orders.
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