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4.5 If the Design -Builder is delayed in the performance of critical path services under this Contract through no fault of the Design -Builder, any applicable schedule will be adjusted. Design -Builder expressly acknowledges and agrees that it will receive no damages for delay and that Design -Builder's sole remedy, if any, against Owner (except as provided in this sub - article) will be the right to seek an extension of time to the applicable schedule; provided, however, the granting of any such time extension will not be a condition precedent to the aforementioned "no damages for delay" provision. Design -Builder will incorporate the terms of this Paragraph into all of its subcontracts and subconsultant agreements and require all subcontractors and subconsultants to similarly incorporate such terms into their sub - subcontracts and sub-subconsultant agreements. Design -Builder shall be entitled to equitable compensation for delays solely and directly caused by Owner's failure to provide timely access, decisions, or approvals. 4.6 Design -Builder shall be responsible for meeting any and all completion times as provided in the Contract Documents, as negotiated and agreed to by both parties, and attached to this document as Attachment 3. Liquidated damages, if assessed, shall be $1,000.00 per day, and shall apply only to failure to achieve Substantial Completion by the agreed date. "Final Completion" shall be defined collaboratively and exclude minor closeout or administrative takes that do not materially impact use or occupancy. ARTICLE 5 PAYMENTS 5.1 Refer to ARTICLE 9 - BASIS OF COMPENSATION for additional requirements. 5.2 Owner shall make progress payments to the Design -Builder on the basis of approved partial payment requests, submitted with sufficient supporting documentation and the Design - Builder's certification. Subsequent payments for Basic Services, Additional Services, and Reimbursable Expenses provided for in this Contract will be made monthly on the basis set forth in Article 9. 5.3 All applications for payment will be submitted to the Owner by the seventh of each month. 5.4 The Design -Builder will submit to the Owner's Project Manager via email each request for a progress payment. All progress payments will be on the basis of progress of the work measured by the schedule of values established. The Owner will approve, disapprove or adjust the Design -Builder's application for payment within seven days after receipt. The Owner will notify the Design -Builder in writing of any reasons for withholding payment in whole or in part. Owner will make payment in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. In accordance with Florida Statute Section 255.075 — 255.078, the Design -Builder will promptly pay each subcontractor or supplier upon receipt of the payment from the Owner. Payment to the Design -Builder will release the Owner from any liens or disputes between the Design -Builder and the Design -Builder's subcontractors for the amounts paid by the Owner. 5.5 Monthly payments to Design -Builder will in no way imply approval or acceptance of Design -Builder's work. Ixora Park Infrastructure Improvements 9