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++rr#r##t+r+rrt++t##r+t#r#rr####t+rrr+t#rrrr+#++r#rrt##rr#r##t##++#rr##+#+rrt#++rrr#++#r#t+#+++#ttrrt#+#++rt <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 specified <br />in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 <br />of the General Conditions. Liquidated damages will commence for this portion of work. The <br />parties also recognize the delays, expense, and difficulties involved in proving in a legal <br />proceeding the actual loss suffered by OWNER if the Work is not completed on time. <br />Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that <br />as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER <br />338.00 for each calendar day that expires after the time specified in paragraph 4.02 for <br />Substantial Completion until the Work is substantially complete. After Substantial <br />Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work <br />within the Contract Time or any proper extension thereof granted by OWNER, <br />CONTRACTOR shall pay OWNER 338.00 for each calendar day that expires after the <br />time specified in paragraph 4.02 for completion and readiness for final payment until the <br />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 5.01.13, 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: $331,456 <br />Written Amount: Three hundred thirty one thousand, four hundred fifty-six dollars <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 <br />14 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 />A. The OWNER shall make progress payments to the CONTRACTOR on the basis <br />of the approved partial payment request as recommended by ENGINEER in <br />accordance with the provisions of the Local Government Prompt Payment Act, <br />Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) <br />of the payment amounts due to the CONTRACTOR until final completion and <br />acceptance of all work to be performed by CONTRACTOR under the Contract <br />Documents. <br />00520-2 <br />