TranSystems Corporation - LGM Construction

(viii) interference by a Separate Contractor (as defined in Article 17)
with Contractor’s performance of the Work, a Separate
Contractor’s failure to conform to Contractor’s reasonable
directions with regard to the progress of the Work, or a Separate
Contractor’s use of labor, material or equipment that disrupts
Contractor’s performance of the Work;
(ix) FedEx’s default in the performance of any of its obligations under
this Agreement; or
(x) FedEx’s suspension or interruption of the Work without cause.
Local strikes, local lock-outs, non-availability of local labor, inclement weather that causes an
aggregate delay equal to the Weather Average or less, and FedEx’s exercise of its rights either to
suspend the Work if Contractor defaults in the performance of any of its obligations or to require
the correction of any non-conforming Work will not constitute the basis for an Excusable Delay
and justify an extension of the Substantial Completion Date. Any delay other than an Excusable
Delay will constitute an “Unexcused Delay”.
(b) In order to obtain an extension of the Substantial Completion Date necessitated by
an Excusable Delay, Contractor must make a written claim to FedEx in each instance within five
days after the beginning of the Excusable Delay and, if Contractor fails to make a timely claim
for an extension in accordance with the foregoing, Contractor waives its right, if any, to such
extension. In the case of a delay of the nature described in division (v) of Section 3.03(a),
Contractor must make its written claim before it disturbs the conditions giving rise to that claim
and must afford FedEx an opportunity to examine the conditions in their undisturbed state.
Within the time reasonably required to assess the effect that the claimed delay will have on the
Construction Schedule, Contractor must supplement its claim with a detailed estimate of that
effect. Within 15 days after receipt of both Contractor's claim and its estimate of the claimed
delay’s effect, FedEx shall render a good faith written decision granting, rejecting or modifying
the Contractor's claim. FedEx may not act unreasonably in rendering its decision; FedEx will not
be acting unreasonably, however, if it denies Contractor’s claim for an extension for an otherwise
Excusable Delay that only affects portions of the Work not found on the critical path in the
Construction Schedule. FedEx’s failure to render a decision on Contractor’s claim within the
time set forth above will constitute a denial of the claim. Notwithstanding FedEx’s granting of
Contractor’s claim for an extension, Contractor must take reasonable steps to limit the duration
of the Excusable Delay that gave rise to its claim. FedEx’s granting of Contractor’s claim for an
extension will not impair any right to terminate this Agreement, or to exercise any other remedy,
that FedEx has elsewhere in this Agreement. The parties will resolve any dispute that arises
regarding the action FedEx takes with respect to Contractor’s claim for any extension of the
Substantial Completion Date in accordance with the procedures set forth in Article 26. If, within
ten business days after the date on which FedEx’s denial of Contractor’s claim for an extension
occurs, Contractor fails to both give FedEx written notice that it believes FedEx’s denial
constitutes an acceleration of the time within which Contractor must complete the Work and
challenge the reasonableness of FedEx’s denial by initiating the dispute resolution procedures set
6