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planning and managing construction Work in conformance with the construction <br /> schedule. <br /> E. Delays <br /> 1. General <br /> a. In the event of a Delay, the Contractor shall take immediate steps to minimize the <br /> Delay or avoid further Delay. The Contractor agrees it shall not make any Contract <br /> Claim or request for adjustment of Contract Time or Contract Sum based upon <br /> Delays for which it did not timely provide Notice to the Owner. <br /> 2. Bonuses <br /> a. If the Contract Documents provide the Contractor with a bonus or other incentive <br /> for early completion of a milestone or other completion point, Contractor <br /> assumes the risk of Delays caused wholly or partially by third parties. Owner shall <br /> not pay any bonus that Contractor would have achieved but for any and all Delays <br /> caused in whole or in part by a third party. By way of example only, the Contractor <br /> bears the risk of utility companies' failure to locate underground utilities <br /> accurately and the Contractor bears the risk of timely asking for the marking of <br /> the location of underground utilities. <br /> 5.3 Suspension Procedures <br /> A. The Owner may, at its convenience and at any time and without cause, suspend all or any <br /> part of the Work by notice in writing to the Contractor. The Work shall be resumed by the <br /> Contractor within five (5) days after receiving written notice from the Owner to do so. The <br /> Contractor will be allowed an increase in the Contract Sum or an extension of Contract <br /> Time, or both, directly attributable to any suspension in accordance with the Change Order <br /> procedures herein; provided, (1) the Contractor shall not be entitled to any increase to the <br /> extent caused by the Contractor and (2) Contract Sum increases and Contract Time <br /> extensions for suspension caused by Third Parties or Force Majeure Events are limited as <br /> set forth in 12.4.C.4 Third Party Caused Delays and Force Majeure. <br /> 5.4 Termination Procedures <br /> A. Termination by Owner for Default <br /> 1. The Owner may terminate the Contract upon written notice to Contractor and its <br /> surety whenever the Contractor is deemed to be in default or fails to fulfill, in a timely <br /> and proper manner, one or more Contract obligations, or is in violation of any <br /> provisions or covenants of the Contract. Termination shall be effective upon receipt <br /> of such notice by the Contractor. <br /> 2. For purposes of this paragraph, the Contractor shall be deemed to be in default upon <br /> the occurrence of any one or more of the following events: <br /> a. If Contractor is bankrupt or insolvent. <br /> b. If Contractor makes a general assignment for the benefit of creditors. <br /> Replacement of Reservoir 2 <br /> p General Conditions <br /> WO# UP3658 00 72 13 - 28 <br />