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§ 133 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in Owner's Information, or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted by Change Order as mutually agreed between the Owner and Contractor; provided that the Contractor provides notice to the Owner promptly and before conditions are disturbed. ARTICLE 14 TIME § 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing this Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 142 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 143 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 14.4 The date of Substantial Completion is the earlier of the date upon which the Work or designated portion thereof is usable or the date upon which the Owner first uses the Work or designated portion thereof. § 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) changes ordered in the Work, or by delays in the approval of changes in the Work, or by the encountering of hazardous substances, or by concealed, unforeseen or subsurface conditions, adverse weather, actions, inactions of governing authorities, or by delay or failure to act of utility services (telephone, cable, electrical, gas, etc.); (2) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, or any causes beyond the Contractor's control; or (3) by other causes not caused by Contractor, then the Contract Time shall be extended by Change Order by the amount of the delay to the date of Substantial Completion and the Contract Sum shall be increased by the additional expense and fee markup to Contractor caused by the delay, subject to the provisions of Article 21. ARTICLE 15 PAYMENTS AND COMPLETION § 15.1 Progress Payments § 15.1.1 After the Initial Payment of Section 15.2.1, the Contractor shall submit in the Owner monthly Applications for Payment, allocating the entire Stipulated Sum to the various portions of the Work. § 15.2 Initial Payment § 152.1 Contractor's initial Application for Payment may include, and Owner shall pay twenty percent (20%) of the Stipulated Sum of Section 3.2 because of initial expense toward Contractor's engineering, Contractor's General Conditions, Contractor's Insurance, Contractor's Bond, permits, mobilization and procurement down payments and other items incurred or to be incurred by Contractor within thirty (30) days of the date of the Payment Application (the "Initial Payment"). § 153 Applications for Payment § 15.3.1 At least five (5) days before the date established for each progress payment, the Contractor shall submit to the Owner an Application for Payment. § 153.2 Within the Initial Payment and subsequent payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. Payment may similarly be made for materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing or where a material or equipment supplier requires pre -payment in whole or in pan before manufacture is commenced or completed or prior to delivery. § 153.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that, after the Initial Payment, upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. § 15.4 Certificates for Payment § 15.4.1 Other than the Initial Payment, Owner may withhold payment of an Application for Payment in whole or in part, to the extent reasonably necessary to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of Page 10 of IS