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A. All time limits for Milestones, if any, Substantial Completion, and completion and <br />readiness for final payment as stated in the Contract Documents are of the essence of <br />the Contract. <br />4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment <br />A. The Work will be substantially completed on or before the 120 calendar day after the <br />date when the Contract Times commence to run as provided in paragraph 2.03 of the <br />General Conditions, and completed and ready for final payment in accordance with <br />paragraph 14.07 of the General Conditions on or before the 150 calendar day after the <br />date when the Contract Times commence to run. <br />4.03 Liquidated Damages <br />A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement <br />and 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 <br />with Article 12 of the General Conditions. Liquidated damages will commence for this <br />portion of work. The parties also recognize the delays, expense, and difficulties <br />involved in proving in a legal proceeding the actual loss suffered by OWNER if the <br />Work is not completed on time. Accordingly, instead of requiring any such proof, <br />OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a <br />penalty), CONTRACTOR shall pay OWNER $1,694.00 for each calendar day that <br />expires after the time specified in paragraph 4.02 for Substantial Completion until the <br />Work is substantially complete. After Substantial Completion, if CONTRACTOR shall <br />neglect, refuse, or fail to complete the remaining Work within the Contract Time or any <br />proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER <br />$1,694.001 for each calendar day that expires after the time specified in paragraph 4.02 <br />for completion and readiness for final payment until the Work is completed and ready <br />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 5.013, below: <br />A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an <br />exhibit. <br />B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: <br />Numerical Amount: $ 413,790.2-4 <br />Written Amount: Four hundred thirteen thousand seven hundred ninety dollars <br />and thirty-four cents <br />ARTICLE 6 - PAYMENT PROCEDURES <br />6.01 Submittal and Processing of Payments <br />00520-3 agreement <br />FAPurchasing\Bids\2021-2022 FY (2022000)\2022026 JRTC Ticket Office Renovations\agreement.doc <br />