|ATHENEX, INC. filed this Form 10-Q on 05/09/2019|
§ A.1.5.5 Final Payment
§ A.188.8.131.52 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Design-Builder not later than 30 days after the Design-Builder has fully performed the Contract and the requirements of Section 9.10 of the Agreement have been satisfied, except for the Design-Builder’s responsibility to correct non-conforming Work discovered after final payment or to satisfy other requirements, if any, which extend beyond final payment.
§ A.184.108.40.206 If the Contract Sum is based on the Cost of the Work, the Owner’s auditors will review and report in writing on the Design-Builder’s final accounting within 30 days after the Design-Builder delivers the final accounting to the Owner. Based upon the Cost of the Work the Owner’s auditors report to be substantiated by the Design-Builder’s final accounting, and provided the other conditions of Section 9.10 of the Agreement have been met, the Owner will, within seven days after receipt of the written report of the Owner’s auditors, either issue a final Certificate for Payment, or notify the Design-Builder in writing of the reasons for withholding a certificate as provided in Section 9.5.1 of the Agreement.
ARTICLE A.2 CONTRACT TIME
§ A.2.1 Contract Time, as defined in the Agreement at Section 1.4.13, is the period of time, including authorized adjustments, for Substantial Completion of the Work.
§ A.2.2 The Design-Builder shall achieve Substantial Completion of the Work not later than: January 31, 2020.
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.)
, subject to adjustments of the Contract Time as provided in the Design-Build Documents. The Parties acknowledge and agree that all references to the Substantial Completion Date in the Contract, the First Amendment, the Second Amendment, and/or all Contract exhibits, attachments, or related documents shall be removed, replaced, and updated with the Substantial Completion Date stated herein.
(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.)
Parties have agreed to Liquidated Damages as defined in Section 14.1.7 in the A141-2017 Agreement Between Owner and Design Builder with the Effective Date of December 29, 2017 and as superseded by the First Amendment, with a First Amendment with an Effective Date of March 27, 2018.
The Liquidated Damages, as agreed by the First Amendment, start February 1, 2020.
ARTICLE A.3 INFORMATION UPON WHICH THIRD AMENDMENT IS BASED
§ A.3.1 The Contract Sum and Contract Time set forth in this Third Amendment are based on the following:
See Attachment 1 for summary of the Contract Sum; See Attachment 2 for summary of the Contract Time.
§ A.3.1.1 The Supplementary and other Conditions of the Contract: