TranSystems Corporation - LGM Construction

Work and necessary to the issuance of the certificates of occupancy
or other certificates); and
(iii) all construction materials have been removed except for minor
amounts that will not materially affect the safety of FedEx’s
employees or invitees.]
Section 3.03. Extension of Substantial Completion Date.
(a) Time is of the essence and
extensions of the Substantial Completion Date will occur only as permitted in this Section 3.03.
Contractor may receive an extension of the Substantial Completion Date equal to the duration of
any delay (an “Excusable Delay”) that actually occurs with respect to the Work by reason of any
of the following:
(i) an Act of God (exclusive of inclement weather to the extent that
the aggregate duration of delay caused by inclement weather does
not exceed that number of days that is the five-year average of the
number of days on which precipitation in the vicinity of the Site
exceeded one inch per day during a 12-month period beginning on
_________ 1, as reflected in the National Oceanographic and
Atmospheric Administration’s Monthly Summaries of Local
Climatological Data (the “Weather Average”));
(ii) a casualty (including, without limitation, earthquakes and
tornadoes, but excluding other forms of inclement weather to the
extent provided in division (i) above);
(iii) war, national emergency or other similar occurrence;
(iv) except as limited below, strikes, lock-outs, or unavailability public
utility service;
(v) sub-surface or otherwise concealed physical conditions that differ
materially from those indicated in the Contract Documents or
unknown physical conditions of an unusual nature that differ
materially from those ordinarily found to exist and generally
recognized as inherent in construction activities similar to the
Work;
(vi) changes that FedEx orders in the Work;
(vii) the failure of FedEx to accomplish any task for which it has
responsibility within the time established for the completion of that
task in the Construction Schedule;
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