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4 . 02 Days to Achieve Substantial Completion and Final Payment <br /> A. The Work will be substantially completed on or before the 120 day after the date when the <br /> Contract Times commence to run as provided in paragraph 2 . 03 of the General <br /> Conditions , and completed and ready for final payment in accordance with paragraph <br /> 14. 07 of the General Conditions on or before the 150 day after the date when the Contract <br /> Times commence to run . <br /> 4 . 03 Liquidated Damages <br /> A . CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and <br /> that OWNER will suffer financial loss if the Work is not completed within the times <br /> specified in paragraph 4 . 02 above , plus any extensions thereof allowed in accordance with <br /> Article 12 of the General Conditions . Liquidated damages will commence for this portion of <br /> work. The parties also recognize the delays , expense, and difficulties involved in proving in <br /> a legal proceeding the actual loss suffered by OWNER if the Work is not completed on <br /> time . Accordingly, instead of requiring any such proof , OWNER and CONTRACTOR <br /> agree that as liquidated damages for delay (but not as a penalty) , CONTRACTOR shall <br /> pay OWNER $ 713 . 00 for each calendar day that expires after the time specified in <br /> paragraph 4.02 for Substantial Completion until the Work is substantially complete. After <br /> Substantial Completion , if CONTRACTOR shall neglect, refuse , or fail to complete the <br /> remaining Work within the Contract Time or any proper extension thereof granted by <br /> OWNER , CONTRACTOR shall pay OWNER $ 713 . 00 for each calendar day that expires <br /> after the time specified in paragraph 4 .02 for completion and readiness for final payment <br /> until the Work is completed and ready for final payment. <br /> ARTICLE 5 - CONTRACT PRICE <br /> 5 . 01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the <br /> Contract Documents , an amount in current funds equal to the sum of the amounts <br /> determined pursuant to paragraph 5 . 01 .A and summarized in paragraph 5 .01 . 6 , below: <br /> A. For all Work , at the prices stated in CONTRACTOR 's Bid , attached hereto as an exhibit. <br /> B . THE CONTRACT SUM subject to additions and deductions provided in the Contract: : <br /> Numerical Amount : $ <br /> Written Amount: <br /> ARTICLE 6 = PAYMENT PROCEDURES <br /> 6 . 01 Submittal and Processing of Payments <br /> A . CONTRACTOR shall submit Applications for Payment in accordance with Article 14 <br /> of the General Conditions . Applications for Payment will be processed by <br /> ENGINEER as provided in the General Conditions and the Contract Documents . <br /> 6 . 02 Progress Payments. <br /> Agreement.doc <br /> 00520 - 3 <br /> F:\Purchasing\Bids\2007-2008 FY (2008000)\2008080 12th ST Sidewalk Construction - 43rd AV to 27th AVWgreement.doc <br />