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8 <br />Progressive Design Build Contract <br /> <br />5.4 Owner’s License upon Design-Builder's Default. If this Contract is terminated due to <br />Design--Builder's default pursuant to Section 11.2 of the General Conditions, then Design-Builder grants <br />Owner a perpetual license to use the Work Product to complete the Project and subsequently occupy and <br />maintain the Project, and Owner shall thereafter have the same rights and obligations as set forth in Section <br />5.2 above. Notwithstanding the preceding sentence, if it is ultimately determined that Design-Builder was <br />not in default, Owner shall be deemed to have terminated the Contract for convenience, and Design-Builder <br />shall be entitled to the rights and remedies set forth in Section 5.3 above. All drawings, specifications and <br />other documents and electronic data, including such documents identified in the General Conditions, <br />furnished by Design-Builder to Owner under this Contract (“Work Product”). <br /> <br />Article 6 <br />Contract Time <br />6.1 Date of Commencement. The Phase 1 Work contained in Exhibit C shall commence within five <br />(5) days of Design-Builder’s receipt of Owner’s Notice to Proceed unless the parties mutually agree <br />otherwise in writing. If additional Phase 1 Work is added to this Contract by a Phase 1 Amendment, that <br />added Phase 1 Work shall commence within five (5) days of Design-Builder’s receipt of Owner’s Notice to <br />Proceed for such Phase 1 Work unless the parties mutually agree otherwise in writing. The Phase 2 Work <br />shall commence within five (5) days of Design-Builder’s receipt of Owner’s Notice to Proceed for Phase 2 <br />Work (“Date of Commencement”) if the Proposal is accepted and the Contract Price Amendment is <br />amended to this Contract unless the parties mutually agree otherwise in writing. <br /> <br />6.2 Substantial Completion and Final Completion. <br /> <br />6.2.1 Substantial Completion of the entire Work shall be established in the GMP Amendment. <br /> <br />6.2.2 Final Completion of the Work or identified portions of the Work shall be achieved as <br />expeditiously as reasonably practicable. Final Completion is the date when all Work is complete <br />pursuant to the definition of Final Completion set forth in Section 1.2.31 of the General Conditions. <br /> <br />6.2.3 All of the dates set forth in this Article 6 (“Contract Time(s)”) shall be subject to adjustment <br />in accordance with the General Conditions. <br /> <br />6.3 Time is of the Essence. Owner and Design-Builder mutually agree that time is of the essence <br />with respect to the dates and times set forth in the Contract Documents. <br /> <br />6.4 Liquidated Damages. Liquidated damages, if any, shall be established in the GMP Amendment. <br /> <br />Article 7 <br />Price <br />7.1 Not Used. <br /> <br />7.2 Phase 1 Price. For completion of the Phase 1 Work set forth in Exhibit C as Exhibit C exists as <br />of the date of this Contract, Owner shall pay Design-Builder in accordance with Article 8 of this Contract a <br />sum not to exceed $2,901,602 (not including sales tax) for Phase 1A. If additional Phase 1 Work is added <br />by a Phase 1 Amendment, the Phase 1 Price will increase as established in the Phase 1 Amendment. <br />Phase 1 Work shall be billed at the all-inclusive billing rates and labor categories agreed to herein or in a <br />Phase 1 Amendment, and an agreed-upon not to exceed price. Any rates established shall not be subject <br />to increase for any Phase 1 Work. <br /> <br />7.3 Phase 2 Price. For Phase 2 Work, Owner shall pay Design-Builder in accordance with Article 8 of <br />this Contract and Article 6 of the General Conditions a contract price (“Contract Price”) set forth in the GMP