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Article 2. COMMENCEMENT AND COMPLETION. 2.1 As time is of the essence, the Contractor has commenced work under the Contract Documents and shall complete the portions of the Project as specified In this Second Amendment. 2.2. The Contractor agrees to complete the Offshore Sad Source portion of the Sectors 1 and 2 portion of the project at a cost agreed to herein by the County and the Contractor. The Contractor agrees, if the Offshore Sand Source portion of the Sectors 1 and 2 portion of the Project is not substantially complete by 11 :59 P.M. on April 30 , 2008 to demobilize completely from the Project site and to fully remobilize to the project site after November 1 , 2008, [the end of the 2008 turtle season) at no additional mobilizatlon/demobliization cost to the County and thereafter to complete the Work at the same unit price per cubic yard as set forth in this Contract in lieu of any liquidated and/or any consequential damages. The foregoing remedy is hereby fixed and agreed upon between the parties, recognizing the impossibility of precisei ascertaining the amount of damages that will be sustained by OWNER as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of such damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. 9. The Contractor shall not be required to remobilize and complete the Work as stipulated in Article 2 of the Agreement should there be Changes to the Work or delays outside of the Contractor's control as defined in Paragraph 6. above which delay substantial completion beyond the April 30, 2008 completion date. 10. The County will issue the Notice to Proceed no later than 24 October, 2007. Such Notice to Proceed shall be full and unlimited , except that it shall rlbrmed stipulate parti s understand and e gree that, should the County fall to Issue r, The the beach rior this full i . Notice to Proceed by 24 October, 2007 (or later date as may be mutually agreed by the parties), this Second Amendment will terminate and be null and void. i 11 . Should the County Issue the Notice to Proceed and subsequently stop or suspend the Work due to failure of the State to issue a Notice to Proceed under the Permit, the Contractor will be placed on Stand By as defined in Paragraph 6 above. 12. All terns and conditions of the Agreement not amended herein remain In full force and effect. Notwithstanding the foregoing, should any terns of the Agreement and this Second Amendment be in conflict, the terms of this Second Amendment will govern. i� 3