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<br />"Substantial Completion" shall be the earlier of the <br />date the restaurant opens for business or the date a <br />certificate of Occupancy is issued. <br /> <br />written requests for extensions of time shall be given <br />to Owner by Contractor within five (5) days after the <br />occurrence of the basis for the extension request. No <br />such request shall be deemed granted unless expressly <br />agreed to by Owner in writing. <br /> <br />5. Performance and Payment Bonds. Contractor will provide <br />Owner with payment and performance bonds in the full <br />amount of the Contract Sum plus any legal fees, <br />interest, increased costs and expenses which Owner may <br />incur to enforce or complete this Contract or the Work, <br />in accordance with the plans and specif ications, and <br />such bonds will provide that the Work, at all times, <br />will be free and clear of all liens of workers, <br />material suppliers, subcontractors or others due to any <br />activity of Contractor. The bonds shall name Owner as <br />obligee and shall be on a form and with a surety <br />company approved by Owner. <br /> <br />At Owner's election, Contractor shall furnish Owner <br />(within five (5) business days of Owner's requests as <br />same are made from time to time) with information <br />deemed necessary by Owner to show that Contractor is <br />financially solvent and capable of fully performing <br />under this Contract. If, in Owner's judgment, <br />Contractor is found not financially responsible or <br />capable, then Owner may, by written notice, terminate <br />this Contract without further obligation to Contractor <br />other than to pay Contractor for the value of the work <br />in place at the time of termination. <br /> <br />6. Permits. Contractor shall obtain all licenses, <br />permits, approvals and certificates (collectively, the <br />"Permits") necessary to complete the Work in compliance <br />with all applicable laws, rules, and regulations, etc.. <br />At Owner's election, Owner may obtain any of the <br />Permits. <br /> <br />7. Insurance. Prior to commencement of work, Contractor <br />shall furnish Owner with certificates of Insurance, <br />showing the Owner as additional named insured, as their <br />interests may appear, evidencing that Contractor has <br />obtained the following insurance coverage from <br />Companies holding a General Rating of "A" or better as <br />set forth in the most current issue of Best I s Key <br />Rating Insurance Guide. Such certificates will provide <br />that Owner will receive at least thirty (30) days prior <br />written notice of any material change in, or <br />cancellation of, such insurance: <br /> <br />RS 8236 5/89 <br /> <br />4 <br />