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damage of $100.00, in addition to all other contractual financial requirements, per item, per calendar day, for each time Design -Builder is late in submitting requested records to perform the engagement. Accrual of liquidated damages will continue until specific performance is accomplished. These liquidated damages are not an exclusive remedy and Owner retains its rights including but not limited to its rights to elect its remedies and pursue all legal and equitable remedies. The parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from such failure to comply. 6.2 In the event the Design -Builder maintains its accounting or Project information in electronic format, upon request by the Owner's auditors, the Design -Builder will provide a download of its accounting or Project information in an electronic format allowing formatting, reading and manipulation in Microsoft Office products. 6.3 The Owner has the right during the engagement to interview the Design -Builder's employees and subconsultants, make photocopies, and inspect any and all records at reasonable times. The right to initiate an engagement will extend for five years after the completion date of the Work, or five years after the termination of this Contract, whichever occurs later. 6.4 In the event the Design -Builder has overcharged the Owner for direct and reimbursable expenses, the Design -Builder will re -pay the Owner the amount of the overcharge. 6.5 The Design -Builder will include a provision providing the Owner the same rights to perform engagements at the subconsultant and subcontractor level in all of its subconsultant and subcontract contracts entered into by Design -Builder to effect Project completion. 6.6 Approvals by Owner's staff for any services not included in this Contract do not act as a waiver or limitation of the Owner's right to perform audits, inspections, or attestation engagements. ARTICLE 7 DISPUTE RESOLUTION 7.1 CLAIMS AND DISPUTES 7.1.1 A claim is a written demand or assertion by one of the parties seeking, as a matter of right, an adjustment or interpretation of this Contract, payment of money, extension of time or other relief with respect to the terms of this Contract. The term claim also includes other matters in question between the Owner and Design -Builder arising out of or relating to this Contract. The responsibility to substantiate claims will rest with the party making the claim. 7.1.2 If for any reason the Design -Builder believes that additional cost or Contract time is due to the Design -Builder for work not clearly provided for in this Contract, or previously authorized changes in the work, the Design -Builder must notify the Owner in writing within the required ten calendar day notice period of its intention to claim such additional cost or Contract time. The Design -Builder must maintain strict accounting of all actual cost and/or time associated with the claim, in such detail as may be required by Owner. The failure to give proper notice as required herein will constitute a waiver of said claim. Ixora Park Infrastructure Improvements 11