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17)DEADLINES AND DELAYS. <br /> a) Except where due to Force Majeure, if CDOT or the Project Contractor fails to meet a <br /> deadline established herein or in the applicable Work Order, CDOT shall reimburse <br /> Owner for the actual documented costs and damages arising out of any such delay. <br /> CDOT shall not be liable to Owner for any delay in, or failure of performance of, any <br /> covenant or promise contained in this URA, nor shall any delay or failure constitute <br /> default or give rise to any liability for damages if and only to the extent that such delay or <br /> failure is caused by Force Majeure and CDOT has provided Owner notice of such Force <br /> Majeure. <br /> b) Time is of the essence in the performance of all Utility Work specified in all Work Orders. <br /> Where Owner has elected to perform Utility Work, Owner shall be liable to HPTE and/or <br /> CDOT for actual damages suffered by HPTE and/or CDOT as a direct result of Owner's <br /> delay in the performance of any Utility Work or as a direct result of Owner's interference <br /> with the performance of the Project construction by other contractors, except where <br /> those damages were caused by Force Majeure and Owner has provided CDOT notice of <br /> such Force Majeure. <br /> c) In addition to, and without limiting any rights or remedies available under this URA or <br /> otherwise, if Owner has elected to perform the Relocation Utility Work described in a <br /> Work Order and Owner fails to complete that Utility Work on or before the deadline <br /> established in the applicable Work Order, or if CDOT reasonably determines that Owner <br /> will be unable to timely complete such Utility Work, CDOT shall, after providing Owner <br /> 14 calendar days to cure or provide a plan to cure, issue a Dispute Notice in accordance <br /> with Article 19. If the Parties are unable to resolve the Dispute, CDOT or Owner shall <br /> proceed to court in accordance with C.R.S §24-4-106. Owner shall be responsible for <br /> delay damages to CDOT in accordance with Article 17(b). <br /> d) Continuing Performance. In the event of a Dispute, the Parties agree that they will <br /> continue their respective performance as required hereunder, including paying invoices, <br /> and that such continuation of efforts and payment of invoices shall not be construed as a <br /> waiver of any legal right or power: (a) of any Party under this URA, any Work Order, or <br /> any other agreement executed pursuant hereto; or (b) otherwise available pursuant to <br /> applicable law. <br /> 18)NOTICES; REPRESENTATIVES AND AUTHORITY. <br /> a) Notices. Any and all notices required to be given by CDOT or Owner pursuant to this <br /> URA must be provided in writing, deliverable by e-mail, facsimile, hand delivery, or by <br /> certified or registered first class mail, to the Party representatives identified herein. <br /> Notice shall not be deemed given if not provided in the manner prescribed in this Article <br /> 18. Once Owner receives notice of Project Commencement, all notices to CDOT shall <br /> be concurrently given to the Project Contractor identified therein. <br /> b) Party Representatives. For the purpose of this URA, the individuals identified below are <br /> hereby-designated representatives of CDOT and Owner. Either Party may from time to <br /> time designate in writing new or substitute representatives. <br /> Page 16 of 21 <br />