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Proceed, the CONTRACTOR shall complete the following tasks: <br />1. Install all pipe and appurtenant items. <br />2. Perform all testing. <br />3. Restore all disturbed areas to their pre -construction condition. <br />4. Correct all deficiencies noted by Engineer. <br />Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes <br />Substantial Completion. <br />(c) From 181 calendar days to 210 calendar days from the effective date <br />Proceed, the CONTRACTOR shall complete the following tasks: <br />1. Clean up project area. <br />2. Remove all equipment and material from,prdject'site. <br />3. Perform contract closeout procedures. <br />of Notice to <br />3.2 Completion of all tasks outlined abbove,(i.e., Subparagraphs a, b;`and c) constitute <br />Final Completion. <br />Ni <br />3.3 Liquidated Damages. OWNER and\CON1RACTOR recognize that time is of the <br />essence of this Agreement and that OWNER will/suffer financial loss if the work is not <br />completed within the times specifiedci n Paragraphs\3.1 and 3.2 above, plus any extensions <br />thereof allowed in accordance with\Article 12 of th�e`General Conditions. They also recognize <br />the delays, expense/and difficulties'in�volved\in proving in a legal proceeding the actual loss <br />suffered by OWNER if,the work is not completed on time. Accordingly, instead of requiring <br />any such proof, OWNER.and CONTRACTOR agree that as liquidated damages for delay <br />(but not as a penalty)'`CONTRACT00hall pay'OWNER four -hundred and fifty dollars <br />($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial <br />Completion\if'CONTRACTOR shall neglect, refuse or fail to complete the remaining work <br />within the Contract�Time or anyi proper extension thereof granted by OWNER, <br />CONTRACTOR shall pay,. OWNER four -hundred and fifty dollars ($450.00) for each day that <br />expires after thyi lizygpecifiethin Paragraph 3.2 for completion and readiness for final <br />payment. <br />3'3.1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct <br />all or any portion of the above -stated liquidated damages due to the Owner <br />from payments due to the Contractor; or, in the alternative, all or any portion of <br />the above -stated liquidated damages may be collected from the Contractor or <br />its Surety or Sureties. These provisions for liquidated damages shall not <br />prevent the OWNER, in case of the CONTRACTOR's default, from <br />terminating the Contractor's right to proceed as provided in this AGREEMENT. <br />3.3.2 In addition to the above -stated liquidated damages, the CONTRACTOR shall <br />be responsible for reimbursing OWNER to third party consultants in <br />administering the Project beyond the Substantial Completion date specified in <br />this Agreement, or beyond an approved extension of time granted to <br />CONTRACTOR, whichever date is later. <br />149 <br />