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February 22, 1993 $. NOTICE TO PROCEED After a Purchase Order has been issued, the OWNER will issue Notice to Proceed. Under no circumstances shall the CONTRACTOR begin work before a Notice to Proceed is issued. 9. ., WORK PROGRESS The CONTRACTOR agrees that work will be performed with due diligence in accordance with good engineering and construction practices to the end that the entire contract work shall be completed within the time specified in the Special Conditions after receipt of the Notice to Proceed. It is expressly understood and agreed, by and between the parties hereto, that the stipulated performance time for completion of the work described is a reasonable time for completion of the work, taking into consideration all factors, including average climatic conditions prevailing in the area. For good and sufficient cause, such as (a) unsuitable weather, (b) faulty workmanship, (c) improper superintehdence, (d) the CONTRACTOR'S failure to carry out any reasonable order or to perform any provision of the purchase order and collateral documents, or (e) any other circumstance unfavorable for prosecution of the work, the OWNER shall have the right to suspend the CONTRACTOR'S performance of the work. Notice of such suspension shall be in writing. The CONTRACTOR shall resume performance of the work promptly when so notified in writing. The CONTRACTOR shall not be entitled to any cost or damages resulting from such suspension. There will be added to the time estimated for the project work noted in the Special Conditions the number of days, i£ any, that the CONTRACTOR is allowed for reasons of unusual, unsuitable weather as stipulated above. No extension of time shall be allowed for reasons as stipulated in (b), (c), and (d) above. 1R the CONTRACTOR is responsible for a delay in progress of the work, the ;CONTRACTOR shall, without additional cost, work overtime and utilize such additional 'equipment and manpower as may be necessary to complete the contract work by the stipulated date. Failure to comply will be grounds for termination of this Agreement as stipulated below or assessment of liquidated damages as stipulated under the Liquidated Damages clause of these General Conditions. If the CONTRACTOR should fail to prosecute the work properly and diligently, or default performance of any provision of the purchase order and its collateral documents, the OWNER after seven days written notice to the CONTRACTOR and his surety may, without prejudice to any other remedy the OWNER may have, dismiss the CONTRACTOR and ~ complete the work, and may deduct the cost of so doing from any unpaid balance of the contract price due or to become due the CONTRACTOR. If such cost of completion of the work is in excess of the unpaid balance of the contract price, the CONTRACTOR shall reimburse the OWNER for such excess or the OWNER shall have cause of action at law J for the amount of such excess and all costs of prosecution of such action. 5