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make payment to Seller pursuant to paragraph 3 of this Contract. If the System is not accepted, Seller <br /> shall remedy the defects in the System and resubmit the System to acceptance testing at Seller's <br /> expense. City shall be not required to permit retesting the System more than three times. If the <br /> System fails acceptance testing three times, or if acceptance testing is not successfully completed <br /> within 120 days after commencement of the acceptance period, City may require Seller to remove the <br /> System at Seller's expense and refund all amounts previously paid by City, less reasonable <br /> compensation for services rendered by Seller in performance of the Work (which shall in no event <br /> exceed one -half the purchase price set forth in paragraph 3). <br /> 6 Progress of the Work. <br /> 6.1 Force Majeure. <br /> 6.1.1 Except as provided in this paragraph 6, if Seller fails to complete the Work in <br /> accordance with the Work Schedule, City shall be entitled to assess damages against Seller for <br /> those costs attributable to the failure to complete the Work in timely manner, in addition to any <br /> other remedy or remedies available under this Contract, or at law or in equity. <br /> 6.1.2 Any delays in or failure of performance by City or Seller, other than payment of <br /> money, shall not constitute default hereunder if and to the extent such delays or failures of <br /> performance are caused by occurrences beyond the reasonable control of City or Seller, as the <br /> case may be, including but not limited to acts of God or the public enemy; expropriation or <br /> confiscation of facilities; negligent acts of the other party, or its employees, officers, or agents; <br /> compliance with any order or request of any governmental authority; act of war; rebellion, <br /> sabotage, or vandalism, or damage resulting therefrom; fires, floods, explosions, accidents; <br /> riots or strikes or other concerted acts of workers, whether direct or indirect; or any causes, <br /> whether or not of the same class or kind as those specifically above named, which are not <br /> within the control of City or Seller as the case may be, and which by the exercise of reasonable <br /> diligence City or Seller, as the case may be, is unable to prevent. <br /> 6.1.3 If Seller is delayed in completing the Work for any of the foregoing reasons, Seller <br /> shall have no claim for damages against City for any such cause of delay, but shall in such <br /> cases be entitled to such extension of time as shall reasonably compensate for actual loss of <br /> time occasioned thereby, upon application to City for such extension. No such extension of <br /> time shall be granted unless Seller shall have notified City, in writing, of the condition or event <br /> which is expected to cause a delay, and the actual or estimated number of days of delay <br /> anticipated on account thereof, within one week after the commencement or occurrence of the <br /> condition or event. The decision of City as to the number of additional days, if any, to be <br /> allowed for completion of the Work on account of such condition or event shall be given to <br /> Seller in writing. <br /> 6.2 Delayed Shipment. City reserves the right to order Seller to delay shipment of System <br /> components. If such a delay is ordered by City in writing, City shall pay Seller any extra costs <br /> reasonably incurred by Seller as a result of the delay. <br /> 6.3 Change Orders. <br /> 6.3.1 Changes and alterations in the plans, or quantities, or details of installation of the <br /> System may become necessary or desirable during the course of performing the Work. City <br /> reserves the right, without impairing Seller, to require additional Work, to increase or decrease <br /> Purchase Contract - 4 <br />