TranSystems Corporation - LGM Construction

forth in Article 26, Contractor waives its right to any relief to which it may otherwise be entitled
by virtue of such an alleged acceleration other than an extension of the Substantial Completion
Date, including, without limitation, relief in the form of an increase in the Contractor’s Fee or
damages. Moreover, except as specifically provided in Section 3.04, Contractor waives any
claim to any relief to which it may otherwise be entitled by virtue of the occurrence of an
Excusable Delay other than an extension of the Substantial Completion Date in accordance with
the foregoing provisions of this Section 3.03, including, without limitation, any claim for an
increase in the Contractor’s Fee or for damages.
Section 3.04. Circumstances Permitting Increase in Contractor’s Fee.
If an Excusable
Delay of the nature described in division (v), (vii), (viii), (ix) or (x) of Section 3.03(a) occurs,
Contractor may receive, in addition to an extension of the Substantial Completion Date, a
reasonable adjustment in the Contractor’s Fee (as defined in Section 4.01 below) to reflect the
additional costs, if any, that Contractor incurs by virtue of the occurrence of that Excusable
Delay. In order to obtain the foregoing adjustment, Contractor must make a written claim to
FedEx in each instance within ten days after the beginning of the Excusable Delay and, if
Contractor fails to make a timely claim for an adjustment in accordance with the foregoing,
Contractor waives its right, if any, to any adjustment in the Contractor’s Fee by virtue of the
occurrence of the Excusable Delay. Within the time reasonably required to compile a detailed
itemization of the additional costs that Contractor and its Subcontractors expect to incur by
reason of the occurrence of the Excusable Delay and such additional documents as FedEx may
reasonably request to corroborate that itemization, Contractor must supplement its claim with
that itemization and those additional documents. Within 15 days after receipt of Contractor's
claim and its supplemental materials, FedEx shall render a good faith written decision granting,
rejecting or modifying Contractor's claim. FedEx may not act unreasonably in rendering its
decision. FedEx’s failure to render a decision on Contractor’s claim within the time set forth
above will constitute a denial of the claim. The parties will resolve any dispute that arises
regarding the action FedEx takes with respect to Contractor’s claim for adjustments to the
Contractor’s Fee in accordance with the procedures set forth in Article 26.
Section 3.05. Construction Schedule. Within 14 days after the Effective Date, Contractor
shall submit to FedEx a schedule that Contractor prepares based on the Contract Documents in
accordance with the critical path method in a format acceptable to FedEx, that shows the order in
which Contractor proposes to prosecute the Work and Contractor's estimates of the dates on
which completion of each segment of the Work will occur, and that clearly defines reasonable
unitary and total times for all portions of the Work. That schedule must show the time periods
within which FedEx, and Separate Contractors must complete other tasks that will affect the time
required for Contractor’s performance of the Work. Contractor must include with the schedule a
list of the permits required for Contractor’s lawful performance of the Work and the schedule
must show the outside date by which Contractor anticipates receiving each such permit.
Contractor shall make any adjustments to that schedule that become necessary by reason of
requests by FedEx to adjust the time periods relevant to its tasks and re-submit the revised
schedule to FedEx for approval. After FedEx causes its representative to initial Contractor’s
proposed schedule, that schedule will become the “Construction Schedule” for purposes of this
Agreement. Promptly following FedEx’s granting of an extension of the Substantial Completion
7