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FXS:dft 5/04/95 (004/73) <br /> 5/09/95R <br /> 5/17/95R <br /> FXS:rg 6/20/95R <br /> 7/06/95R <br /> 7/20/95R <br />forty-five (445) days from the date of the Notice to Proceed with <br /> <br />Construction to substantially complete the Project, plus such <br />additional days as are authorized under this Agreement for <br />excusable delays. City shall issue a Notice to Proceed with <br />Construction sufficiently in advance of September 1, 1995, that <br />it will be practicable for physical work at the site to begin by <br />that date. CM/GC agrees to pay said liquidated damages upon <br />demand as herein provided, and in case the same are not paid, <br />agrees that City may, by way of accommodation but not limitation, <br />deduct the amount thereof from any monies due or that may become <br />due under this Agreement. <br /> <br /> Time is of the essence with regard to both parties' <br />performance. City agrees to render all decisions, responses, and <br />approvals in a timely manner so as to avoid delay to CM/GC's <br />work; and CM/GC agrees to execute same and perform all work and <br />services in a timely manner so as to avoid delay to City. <br /> <br /> 16. TERM; TERMINATION. (a) The term of this Agreement <br />shall commence upon the date first hereinabove written and shall <br />expire upon completion of performance of services hereunder by <br />CM/GC. <br /> <br /> (b) Notwithstanding the provisions of (a) above, City may <br />terminate this Agreement in the event City determines, in its <br />sole discretion, that the FAP exceeds Seven Million Five Hundred <br />Thousand and No/100 ($7,500,000.00) by giving written notice <br />thereof to CM/GC not less than thirty (30) calendar days prior to <br />the effective date of termination, which date shall be included <br />in said notice, in the event of such termination, City shall <br />compensate CM/GC for services rendered, and reimburse CM/GC for <br />10 <br /> <br /> <br />