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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 Siffictantial <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 <br />CONTRACTOR <br />for <br />completion <br />of the work in accordance with the <br />Contract Documents in <br />current funds in <br />the <br />amount of <br />$3,341,598AE. <br />044572007 <br />00530-2 <br />