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3 . Perform all testing . <br /> 4. Provide a system to the OWNER which is of beneficial use and allows the <br /> OWNER to provide utility service to their customers with normal <br /> operations . <br /> Completion of all tasks outlined above (i . e . , Subparagraphs a ) constitute Substantial <br /> Completion . <br /> (b) From 211 calendar days to 244 calendar days from the effective date of Notice <br /> to Proceed , the CONTRACTOR shall complete the following tasks : <br /> 1 . Clean up project area . <br /> 2. Restore all disturbed areas to their pre-construction condition . <br /> 3 . Correct all deficiencies noted by Engineer. <br /> 4 . Remove all equipment and material from project site . <br /> 5. Perform contract close-out procedures . <br /> Completion of all tasks outlined above (i . e . , Subparagraphs a and b) constitute Final <br /> Completion , <br /> 3.2 Liquidated Damages. OWNER and CONTRACTOR 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 specified in Paragraph 3. 1 above, plus any extensions <br /> thereof allowed in accordance with Article 12 of the General Conditions . They also <br /> recognize the delays, expense and difficulties involved in proving in a legal proceeding <br /> the actual loss suffered by OWNER if the work is not completed on time . Accordingly, <br /> instead of requiring any such proof, OWNER and CONTRACTOR agree that as <br /> liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER <br /> three hundred and fifty dollars ($350 . 00) for each day that expires after the time <br /> specified in Paragraph 3. 1 for Substantial Completion , if CONTRACTOR shall neglect, <br /> refuse or fail to complete the remaining work within the Contract Time or any proper <br /> extension thereof granted by OWNER, CONTRACTOR shall pay OWNER three <br /> hundred and fifty dollars ($350. 00) for each day that expires after the time specified in <br /> Paragraph. 3. 1 for completion and readiness for final payment. <br /> 3 .3 In addition to the above-stated liquidated damages , the CONTRACTOR shall be <br /> responsible for reimbursing OWNER for all costs incurred by OWNER to third party <br /> consultants including , without limiting the generality of the foregoing , any <br /> ENGINEER in administering the construction of the Project beyond the Substantial <br /> Completion date as specified in the Contract or beyond an approved extension of <br /> time granted to CONTRACTOR , whichever date is later. <br /> ARTICLE 4. CONTRACT PRICE. <br /> 4 . 1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the <br /> Contract Documents in current funds in the amount of $3,341 ,598AE. <br /> 044572007 <br /> 00530-2 <br />