IMCO General Construction 5/9/2022

Proposal is accepted and the GMP Amendment is executed, unless the parties mutually agree otherwise in writing. 6.2.3 Agreed Plant Shutdown Period. Design-Builder shall endeavor to design and perform all Work on the project without requiring shut down of the plant(in whole or in part). To the extent Design- Builder's performance of Work causes or necessitates shut down of the plant (in whole or in part), Owner and Design-Builder shall agree in advance on the period of time required for each such plant shut down (the "Agreed Plant Shutdown Period"). In no event shall any Agreed Plant Shutdown Period exceed 8 hours. 6.2.4 Substantial Completion. Substantial Completion of the entire Work shall be achieved no later than September 30, 2024 ("Contract Substantial Completion Date"), or as amended by addendum or change order. 6.2.5 Final Completion. Final Completion of the Work, including all punch list items, shall be achieved no later than sixty(60)days following Substantial Completion ("Contract Final Completion Date"). Final Completion is the date when all Work is complete pursuant to the definition of Final Completion set forth in the General Conditions. 6.2.6 All of the dates set forth in this Article 6 shall be subject to adjustment in accordance with the General Conditions. 6.3 Time is of the Essence. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 6.4 Liquidated Damages. 6.4.1 Design-Builder understands that if Substantial Completion is not attained by the Contract Substantial Completion Date, Owner will suffer damages which are difficult to determine and accurately specify. Design-Builder agrees that if Substantial Completion is not attained by the Contract Substantial Completion Date, Design-Builder shall pay Owner five thousand three-hundred Dollars ($5,300) as liquidated damages for each calendar day that Substantial Completion extends beyond the Contract Substantial Completion Date. 6.4.2 Design-Builder understands that if Final Completion is not achieved by the Contract Final Completion Date, Owner will suffer damages which are difficult to determine and accurately specify. Design-Builder agrees that if Final Completion is not achieved by the Contract Final Completion Date, Design-Builder shall pay to Owner five hundred Dollars ($500), as liquidated damages for each calendar day that Final Completion extends beyond the Contract Final Completion Date. 6.4.3 Design-Builder understands that if the plant is shut down(in whole or in part)for any amount of time in excess of any individual Agreed Plant Shutdown Period, Owner will suffer damages which are difficult to determine and accurately specify. Design-Builder agrees that if the plant is shut down (in whole or in part)for any amount of time in excess of any individual Agreed Plant Shutdown Period, Design-Builder shall pay to Owner Five thousand Dollars ($5,000), as liquidated damages for each hour that the plant is shut down in excess of any individual Agreed Plant Shutdown Period. 6.4.4 The categories of liquidated damages set forth above are cumulative and may accrue simultaneously. 6.4.5 Any liquidated damages assessed pursuant to this Contract shall be in lieu of all monetary liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Owner which are caused by any delay in achieving Substantial Completion or Final Completion, provided this limitation shall not apply to Design- Builder's duty to indemnify the Owner or to warrant Design-Builder's Work as provided in this Contract and PROGRESSIVE DESIGN-BUILD CONTRACT,Page 9