Asphalt Overlay of CDC Roads - Clark Freeport Zone

accordance with approved plans and specifications andcontract provisions;(iv)(v)Deployment of committed equipment, facilities, supportstaff and manpower; andRenewal of the effectivity dates of the performancesecurity after its expiration during the course of contractimplementation.(c)(d)Assignment and subcontracting of the contract or any partthereof or substitution of key personnel named in the proposalwithout prior written approval by the procuring entity.Poor performance by the contractor or unsatisfactory qualityand/or progress of work arising from his fault or negligence asreflected in the Constructor's Performance Evaluation System(“CPES”) rating sheet. In the absence of the CPES rating sheet,the existing performance monitoring system of the procuringentity shall be applied. Any of the following acts by theconstructor shall be construed as poor performance:(i)(ii)Negative slippage of 15% and above within the criticalpath of the project due entirely to the fault or negligenceof the contractor; andQuality of materials and workmanship not complying withthe approved specifications arising from the contractor'sfault or negligence.(e)Willful or deliberate abandonment or non-performance of theproject or contract by the contractor resulting to substantialbreach thereof without lawful and/or just cause.In addition to the penalty of suspension, the performance securityposted by the contractor shall also be forfeited.20. Force Majeure, Release from Performance20.1. For purposes of this Contract the terms “force majeure” and “fortuitousevent” may be used interchangeably. In this regard, a fortuitous eventor force majeure shall be interpreted to mean an event which theContractor could not have foreseen, or which though foreseen, wasinevitable. It shall not include ordinary unfavorable weatherconditions; and any other cause the effects of which could have beenavoided with the exercise of reasonable diligence by the Contractor.20.2. If this Contract is discontinued by an outbreak of war or by any otherevent entirely outside the control of either the Procuring Entity or the60Clark Development CorporationSection IV General Conditions of the ContractAsphalt Overlay of CDC Roads