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43. Contract Date: The parties acknowledge that certain obligations of Contractor and Owner are to be performed within certain specified periods of time that are determined by reference to the date of mutual execution of this Construction Agreement. The date of this contract shall be the date the last party fully executes the document, and all calculations of date provided herein shall be from such date, which shall be the "Contract Date", and the parties agree that whenever the term "date of this Construction Agreement" or words of similar import are used herein, they shall mean the Contract Date. The Parties further agree to specify the date on which they execute this Construction Agreement beside their respective signatures in the space provided, and warrant and represent to the other that such date is in fact the date on which each has duly executed this Construction Agreement. 44. Time of Essence/Force Majeure: Time shall be of the essence with respect to performance required under this Construction Agreement. If the performance of any act required under this Construction Agreement is delayed by reason of fire, flood, acts of God, war, civil insurrection, strike or any other cause beyond the party's control, then the time for performance will be delayed a reasonable amount of time considering the circumstances causing the delay. 45. Non-Business Days: If the date for any action under this Construction Agreement falls on a Saturday, Sunday, or day that is a "holiday" as such term is defined in C.R.C.P. 6, then the relevant date shall be extended automatically until the next day that is not a Saturday, Sunday, or"holiday." 46. Dispute Resolution: In the event of a disagreement between the Parties, the Parties agree to enter into dispute resolution such as mediation or non-binding arbitration in an effort to resolve the dispute prior to proceeding to litigation. Signature Pages to Follow Construction Agreement—Zadel(v.4-24-08) 27