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' <br /> Hennepin County Special Requirements Section 00800 - SUPPLEMENARY CONDITIONS <br /> 1/2/02 Edition ' <br /> Page l l of 32 <br /> reasonableness of the daily charges shall be presumed, and the amount assessed, as well as , <br /> the aforesaid cancellation right or any other cancellation rights stated in these specifications, <br /> will be in addition to every other right or remedy now or hereinaf�er enforceable at law, in ' <br /> equity, by statute, regulation and/or under the Contract. <br /> The Contractor will not be charged with liquidated damages when any delay or failure is due , <br /> to: any act or neglect of the Owner; written and mutually agreed to changes in the Contract; <br /> labor disputes; fire,flood or other natural disasters; unusual delay in transportation; adverse <br /> weather conditions not reasonably anticipated; unavoidable casualties; or any other causes , <br /> beyond the Contractor's reasonable control and without fault or negligence of the <br /> Contractor. Contract time or performance dates or times may be extended for such <br /> rea.sonable time as the Owner's Project Manager may determine. A claim for extension will ' <br /> not be allowed unless the Contractor, not later than the end of the Owner's first business <br /> day following the day on which the claim arises, shall have telephoned and informed the <br /> Hennepin County Project Manager,Tom Bravo at 612-596-7754 about the full details of the ' <br /> cause necessitating such a claim within seven (7) calendar days of any such telephone call. <br /> The Contractor shall also send to each of the Owner's addresses referenced above a <br /> communication specifying in detail the cause(s)of the delay. The herein provisions will not ' <br /> preclude the Owner from canceling or terminating the Contract regardless of any act or event <br /> beyond the Contractor's reasonable controt,as aforesaid,provided that the Owner shall have ' <br /> given the Contractor thiriy (30) days prior written notice of the Owner's intention to so <br /> cancel or termmate,and that dunng sazd penod,the Contractor shall have failed to cure such <br /> delay or failure in performance. , <br /> If liquidated damages are charged,they will be charged daily, first against moneys then due <br /> to the Contractor, then against moneys coming due,and then against funds held for eventual <br /> release to the Contractor. If these three sources are not sufiicient to cover the liquidated , <br /> damages,the Owner will bill the Contractor for the necessary tralance and the Contractor <br /> shall promptly pay the invoiced amount(s). ' <br /> The Owner may waive m wntmg all or any portion of any hqwdated damage assessment <br /> after the date services or obligations are completed and accepted by the Owner. <br /> Permitting the Contractor to continue and complete the setvices or obligations or any part of ' <br /> them after stipulated times will not in any way operate as a waiver on the part of the Owner <br /> or its rights hereunder. No act by the Owner in pursuing or affecting its rights hereunder t <br /> will constitute a forfeiture of the Owner's right to recover liquidated damages from the <br /> Contractor and/or its surety. <br /> ' <br /> ' <br /> Suppl Conds-11 ' <br /> HENNEPINCOUIVTY Orono Salt Storagg <br /> March 22,2002 Praject No.: 0031569 Contract No.: 0751R2 <br /> ' <br />