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ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents in this Agfeement and ?Aedifieations issued after- exeeution of this Agreement; these form the GentFaet, and aFe as. re rp esentthe entire and integrated agreement between the parties hereto and supersedes-supersede prior negotiations, representations or agreements , either written or oral . A a e..ufner-ation of the C t Deetiments, other 1.1 V.{111Yi{GI , & A kl4iele 8 . ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others . ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3. 1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed. ) The date of commencement will be fixed in a Notice to Proceed . If, prior to the commencement of the Work, the Owner requires time to file mortgages , mechanic ' s liens and other security interests , the Owner' s time requirement shall be as follows : N/A § 3 .2 The Contract Time shall be measured from the date of commencement. § 3. 3 The Contractor shall achieve Substantial Completion of the entire Work not later than 240 days from the date of : commencement subject to adjustments of this Contract Time as provided in the Contract Documents. In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay as liquidated damages, and not as a penalty, the sum of Five Hundred Dollars ($500. 00 ) for each and every calendar day following the end of the Contract Time until Substantial Completion is achieved; provided, that the Contractor shall not be liable for liquidated damages for a day, or days, of excusable delay occurring during such period following the end of the Contract Time. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely 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 14164. ) Redlen et-Werk Substantial Completion Date (Insert number- . Contract on timeeanz aer days ^ lte -aat: . .el • , The Contractor and Owner a reg a that Owner is authorized to adjwAff*nt&Aeduct all or any portion of the above-stated liquidated damages from the monies due to Contractor for the Work under this Gentf et Time Contract as ere*ided4ft the Eft Beeuff1eat-s-. 0wner deems just and reasonable . Completion Doeuments, inseer-t eemmeneement. Unless stated else %rher-e in date used when eaerdinated "Fith AIA Document A101 TM — 1997. Copyright ® 1915, 1918 , 1925, 1937, 19519 1958, 1961 , 1963, 1967, 1974, 1977, 19879 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING : This AIO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result in severe civil and criminal penalties, and will be 2 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14 :43:45 on 08/10/2005 under Order No. 1000192296_1 which expires on 8/8/2006, and is not for resale. User Notes: (4215104205)