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February 22, 1993 <br /> 8. NOTICE TO PROCEED <br /> After a Purchase Order has been issued, the OWNER will issue Notice to Proceed. Under <br /> no circumstances shall the CONTRACTOR begin work before a Notice to Proceed is <br /> issued. <br /> 9. WORK PROGRESS <br /> The CONTRACTOR agrees that work will be performed with due diligence in accordance <br /> with good engineering and construction practices to the end that the entire contract work <br /> shall be completed within the time specified in the Special Conditions after receipt of the <br /> Notice to Proceed. It is expressly understood and agreed, by and between the parties <br /> hereto, that the stipulated performance time for completion of the work described is a <br /> reasonable time for completion of the work, taking into consideration all factors, including <br /> average climatic conditions prevailing in the area. <br /> For good and sufficient cause, such as (a) unsuitable weather, (b) faulty workmanship, (c) <br /> improper superintendence, (d) the CONTRACTOR'S failure to carry out any reasonable <br /> order or to perform any provision of the purchase order and collateral documents, or (e) <br /> any other circumstance unfavorable for prosecution of the work, the OWNER shall have the <br /> right to suspend the CONTRACTOR'S performance of the work. Notice of such suspension <br /> shall be in writing. The CONTRACTOR shall resume performance of the work promptly <br /> when so notified in writing. The CONTRACTOR shall not be entitled to any cost or <br /> damages resulting from such suspension. There will be added to the time estimated for the <br /> project work noted in the Special Conditions the number of days, if any, that the <br /> CONTRACTOR is allowed for reasons of unusual, unsuitable weather as stipulated above. <br /> No extension of time shall be allowed for reasons as stipulated in (b), (c), and (d) above. <br /> If the CONTRACTOR is responsible for a delay in progress of the work, the <br /> CONTRACTOR shall, without additional cost, work overtime and utilize such additional <br /> equipment and manpower as may be necessary to complete the contract work by the <br /> stipulated date. Failure to comply will be grounds for termination of this Agreement as <br /> stipulated below or assessment of liquidated damages as stipulated under the Liquidated <br /> Damages clause of these General Conditions. <br /> If the CONTRACTOR should fail to prosecute the work properly and diligently, or default <br /> performance of any provision of the purchase order and its collateral documents, the <br /> OWNER after seven days written notice to the CONTRACTOR and his surety may,without <br /> prejudice to any other remedy the OWNER may have, dismiss the CONTRACTOR and <br /> complete the work, and may deduct the cost of so doing from any unpaid balance of the <br /> contract price due or to become due the CONTRACTOR. If such cost of completion of the <br /> work is in excess of the unpaid balance of the contract price, the CONTRACTOR shall <br /> reimburse the OWNER for such excess or the OWNER shall have cause of action at law <br /> for the amount of such excess and all costs of prosecution of such action. <br /> 23 <br />