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ERI Consulting, Inc. <br /> <br /> 8.5.1 For each and every calendar day that the work, or any portion <br /> thereof, shall remain incomplete after the expiration of the time <br /> limit therefor, or as extended by the Owner pursuant to 8.3 above, <br /> $2,500.00 per calendar day will be deducted from the money due or to <br /> become due to the Contractor, not as a penalty, but as the mutually <br /> agreed value of damages to the Owner to include added expenses <br /> including administrative and inspection cost. <br /> <br />ARTICLE IX. CONTP. ACT SUBSTDiNTIAL COMPLETION <br /> <br />9.2 OccuDancv and Use: Occupancy and use of a building, facility or any part <br /> thereof may not be interrupted by the Contractor for the performance of the <br /> Work. <br /> <br /> 9.2.1 Contractor shall confine operations at the project site to areas <br /> agreed upon with the Owner at preconstruction conference; not <br /> unreasonably encumber site with materials, equipment, Contractor <br /> vehicles or Contractor's employee's vehicles; not load any structures <br /> with weight that will endanger the structure or its occupants; <br /> protect existing plants, structures, the Owner's employees and the <br /> public; assume full responsibility for protection and safekeeping of <br /> products, materials and equipment stored on the premises; and move <br /> any stored products or equipment which interfere with operations of <br /> the Owner. <br /> <br /> 9.2.2 Contractor shall cooperate with the occupants of the building to <br /> perrait their work to continue with ~nimum interruptions. Any <br /> complaint from Occupants of Contractor disturbance may require <br /> suspension and rescheduling as necessary to avoid repetition of <br /> complaints. In such event no Contractor claim of additional cost <br /> will be accepted, but a time extension may be allowed if any actual <br /> delay occurs and the Contractor disturbance was unforeseeable. <br /> <br />ARTICLE X. CONTRACT FINAL ACCEPTANCEAND PAYMENT <br /> <br />10.1 To avoid delay in final payment, the Contractor(s) shall have the necessary <br /> bonds, guarantees not previously furnished, receipts, affidavits, etc., <br /> prepared and signed in advance with a letter of transmittal listing each <br /> paper to be furnished to the Owner at the time of final inspection. With <br /> application for final payment, the Contractor(s) shall deliver to the Owner <br /> an affidavit (on a form satisfactory to the Owner) that all bills for <br /> material and labor chargeable against the Contract are paid, and all <br /> guarantees or bonds as required on specific branches of the Work. <br /> <br />4/11/03 22 <br /> <br /> <br />