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Apr 11 03 01 : 09p SSJIO Guy-bc4-udaa r •� <br /> Failure of the OWNER to perform any covenant or condition contained in this AGREEME"T <br /> within the time period specified shall constitute a material breach of this AGREEMENT <br /> entitling the DISTRICT to terminate the AGREEMENT or seek such remedies as are allowed <br /> by Law including, but not limited to such remedies as any form of surety issued for <br /> DISTRICT'S benefit. Failure of the DISTRICT to insist upon the performance ofany covenant <br /> or condition within the time period specified in this AGREEMENT shall not constitute a <br /> waiver of the OWNER'S duty to compete performance within the designated periods unless <br /> the waiver is in writing. <br /> The DISTRICT'S agreement to waive a specific time provision or to extend the time for <br /> performance shall not constitute a waiver of any other time provisions contained in this <br /> AGREEMENT. Failure of the OWNER to complete performance of the WORK UNIT <br /> Promptly within the additional tirne authorized in the waiver or extension of time agreement <br /> shall constitute a material breach o'this AGREEMENT entitling the DISTRICT to terminate <br /> the AGREEMENT or seek such remedies as are allowed by law including, but not limited to <br /> such remedies as any form of surety issued for DISTRICT benefit. <br /> OWNER agrees to pay DISTRICT 51,000_per day for each and everyday ofdelay. Itis agreed <br /> and understood that this amount represents the best estimate of OWNER and DISTRICT as <br /> to the loss which would be sustained by the DISTRICT and shall not be or be deemed to be a <br /> penalty or forfeiture. Further,this provision shall not be considered as DISTRICT'S exclusive <br /> remedy for a material breach of this AGREEMENT by OWNER. <br /> 1-7 USE OF COMPLETED PORTIONS <br /> When the WORK UNIT or any portion of it has been delivered and is sufficiently complete <br /> to be utilized or placed into service,the D_rSTRICT shall have the right to utilize such portions <br /> of the WORK UMT and to placc the operable portions into service and to operate same. <br /> Nothing in this article shall be consC-ued as relieving the OWNER of the full responsibi lity for <br /> completing the WORK UNIT in its entirety and for making good defective equipment, <br /> materials, and supplies. Such utilization or operation by the DISTRICT shall not be deemed <br /> Development Agreement 12 of 21 <br />