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<br />EXHIBIT VIII-J, Cc)Ol.
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<br />said amount shall be retained from time to 1ime by the Owner from current periodical estimates.
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<br />It is further agreed that time is of the essence of each and every portion of this Contract and of the
<br />specifications wherein and definite and o~rtain length of time is fixed for the performance of any act
<br />whatsoever, and where under the Contract an additional time is allowed for the completion of any work, the
<br />new time limit fixed by such extension shall be of the essence of this Contract, PROVIDED, that the
<br />Contractor shall not be charged with liquidated damclges or any excess cost when the Owner determines that
<br />the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the
<br />Owner; PROVIDED, FURTHER, that the Contractor shall not be charged with liquidated damages or any
<br />excess cost when the delay in completion of the work is due:
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<br />(a) To any preference, priority or allocation order duly issued by the Local Public Agency;
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<br />(b) To unforeseen cause beyond the control and without the fault or negligence of the
<br />Contractor, including, but Ilot restricted to, acts of God, or the public enemy, acts of the
<br />Owner, acts of another Contractor in the peliormance of a contract with the Owner, fires,
<br />floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather;
<br />and
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<br />(c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified in
<br />subsections (a) and (b) of this artiele:
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<br />PROVIDED, FURTHER, that the Contractor shall, within ten (10) days from the beginning of such delay,
<br />unless the Owner shall grant a further period of time prior to the date offinal s,~ttlement of the contract, notify
<br />the Owner, in writing, of the cause of the delay, shall ascertain the facts and extent of the delay and notify the
<br />Contractor within a reasonable time of its d"cision ill the matter.
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<br />20. Correction of Work
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<br />All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods
<br />of construction shall be at all times and places subject to the inspection of the ArchitecV Engineer who shall
<br />be the final judge of the quality and suitability of the work, materials, processes of manufacture, and methods
<br />of construction for the purposes for which they are used. Should they fail to meet his approval they shall be
<br />forthwith reconstructed, made good, replaced and/or corrected as the case may be, by the Contractor at his
<br />own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the ArchitecV
<br />Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any
<br />portion of the work injured or not performed in accordance with the Contract Documents, the compensation
<br />to be paid to the Contractor hereunder shall be I"educed by such amount as in the judgement of the
<br />ArchitecVEngineer shall be equitable.
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<br />21. Subsurface Conditions Found Different
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<br />Should the Contractor encounter subsurface and/or latent conclitions at the site materially differing from those
<br />shown on the Plans or indicated in th e Speeifications, he shall immediately give notice to the
<br />ArchitecVEngineer of such conditions befClre they are disturbed. The ArchitecVEngineer will thereupon
<br />promptly investigate the conditions, and if hCl finds that they materially differ from those shown on the Plans
<br />or indicated in the Specifications, he will at once mclke such c:llanges in the Plans and/or Specifications as
<br />he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the
<br />manner provided in Paragraph 17 of the General Conditions.
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<br />22. Claims for Extra Cost
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<br />No claim for extra work or costs shall be allowed unless the same was done in pursuance of a written order
<br />of the ArchitecVEngineer approved by the Owner, as aforesaid, and the claim presented with the first estimate
<br />after the changed or extra work is done. Wnen worl< is performed under the terms of subparagraph
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<br />17( c) of the General Conditions, the Contracf:or shall'furnish satisfactory bills, payrolls and vouchers covering
<br />all items of cost and when requested by the Owner, give aCCE'SS to accounts relating thereto.
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<br />23. Right of the Owner to Terminate Contract
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<br />VIII-J-8
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<br />(Revised 5199)
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