TranSystems Corporation - LGM Construction

failure to deliver that notice to Contractor will not release Contractor from liability for damages
that FedEx sustains by virtue of Contractor’s failure to complete the Work in accordance with the
approved Construction Schedule.
(c) If any circumstances other than the occurrence of an Unexcused Delay exist in
respect of FedEx’s request for Contractor’s recommendations regarding acceleration of the
progress of the Work, FedEx may direct Contractor to implement its recommendations for
acceleration only by means of its execution of a Change Order or a Construction Change
Directive in accordance with the procedures set forth in Article 9. Until the parties execute a
Change Order, or FedEx executes and delivers a Construction Change Directive, in connection
with a proposed acceleration of the progress of the Work, Contractor has neither obligation nor
authority to proceed with the implementation of its recommendations.
(d) The parties do not intend this Section 3.06 to preclude Contractor from accelerating
the progress of the Work on its own initiative when it does so without any expectation that it will
be entitled to an adjustment in the Contractor’s Fee by virtue of having done so.
Section 3.07. Punch List.
Upon substantial completion of the Work, Contractor shall
inspect the Work and present to FedEx a list (the "Punch List") of items to be accomplished by
Contractor to fully complete the Work in accordance with this Agreement and the Contract
Documents and a schedule for such work (the "Punch List Schedule"). If FedEx objects to the
omission of any item from the Punch List or to the Punch List Schedule, FedEx may notify
Contractor of their objections within ten business days following the date of its receipt of the
Punch List and Punch List Schedule, and Contractor will make such corrections and adjustments
to the Punch List and Punch List Schedule as are necessary to reflect and address the objections
of FedEx. Moreover, based upon FedEx’s review of the “as-built” drawings and specifications
that Contractor must deliver to Owner in accordance with the terms of Section 6.01 below,
FedEx may make additions to the Punch List by delivering written notice to Contractor within 60
days after the date of FedEx’s receipt of the last of those “as-built” drawings and Contractor will
make such adjustments to the Punch List and the Punch List Schedule as are necessary to reflect
and address FedEx’s required additions. Contractor shall perform the work required by the
corrected Punch List in accordance with the adjusted Punch List Schedule.
Section 3.08. Suspension of the Work.
With or without cause, FedEx may order
Contractor in writing to suspend, delay or interrupt any part of the Work for such period of time
as FedEx elects.
ARTICLE 4
PAYMENT
Section 4.01. Contractor’s Fee. (a) As full consideration for Contractor's performance of
the Work in accordance with the terms of this Agreement and the other Contract Documents,
FedEx shall pay to Contractor a fee (the "Contractor's Fee") of
______________________________________ Dollars ($____________). FedEx shall pay the
Contractor’s Fee in accordance with the payment procedure described in Exhibit C-1.
9