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price, not fio exceed $39,695.09. Such amount is fihe Construction Contract Price and includes <br /> the aggregate amounfi of all allovvances and any unit price items to be furnished or installed. <br /> 5.2 Within fwenty (20) days after execufiion of the Contract for Construction, the Contrac- <br /> tor shall prepare and present to fhe Ov►rner, the Contractor's Compensation Schedule a Com- <br /> pensation Schedule shall.be based on the amounts set forfh above. Applications for payment <br /> shall be submitted in detail sufficient for an audit thereof in accordance with Owner's policies on <br /> the subject in effect at the time the Contractor commences construcfion of the Work. <br /> 5.3 Wifhin tuvent 20 da s after recei t b Ov►rner of Co <br /> , <br /> y ( ) y p y ntracfiors invoice, properly pre- <br /> pared pursuant to Owner's policies on the subjecfi in effecfi at the time the Contraetor com- <br /> mences construction of the Work, the Owner shall pay the Contractor the amount approved by <br /> Prafessional, less retainage, unless there is a dispufe about the amounfi of compensation due to <br /> fihe Confiractor. <br /> AF2TICLE 6. LIQUIDATED DAiVIAGES FOR DELAY <br /> 6.1 Inasmuch as failure to Substantially Compfete the Work uvithin the fiime fixed in Exhi- <br /> bifi A will resulfi in injury to the Owner, and as damages arising from such failure cannot be cal- <br /> culated with any degree of certainty,.it is agreed that if the Work is not Substantially Completed � <br /> within the time provided in Exhibit A, or within such further time, if any, as shall be allowed for <br /> time extensibns in accordance with the provisions of the Contract for Construction, the Contrac- <br /> tor shall pay to the Owner as liquidated damages for such delay, and not as a penalty, the <br /> amount set forth in Exhibit A for each calendar day elapsing between the date fixed for Substan- <br /> fiial Completion and the dafie such Substantial Completion is fully accomplished. The parties <br /> agree that said liquidated damages are reasonable given existing circumstances, including, ' <br /> vuithout limitation, the range of harm that is foreseeable and the anticipation that proof ofi dam- <br /> ages would be costly and impractical. <br /> 6.2 The liquidated damages shall be payable in addition#o any excess expenses or <br /> costs payable by the Contractor to the Owner under the General Terms and Conditions, and <br /> shall not preclude the recovery of damages by the Owner under other provisions of the Contract <br /> for Construction, except claims related to Contractor's delays in Substantial Completion. Own- <br /> er's right to receive liquidated damages shall in no manner affect the Owner's right to terminate <br /> the Contract for Construction, as provided in the General Terms and Conditions or elsewhere in <br /> , <br /> the Contract for Construction. The Owner s exercise of the right to term inate shall not release <br /> the Contractor from the obligation to pay said liquidated damages. <br /> 6.3 When the Owner reasonably believes (i)that Substantial Completion will be inexcus- <br /> ably delayed; or(ii) that the Contractor will fail to.achieve Final Completion by the date of Final <br /> Completion, the Owner shall be entitled, but not required, to withhold from any amounts other- <br /> wise due the Contractor the daily amount specified for liquidated damages in this Article for <br /> each calendar day of the unexcused delay. If and when the Contractor overcomes the delay in <br /> timely achieving Substantial Completion or Final Completion, or any part thereof, for which the <br /> Owner has withheld payment, the Owner shall promptly release to the Contractor those funds <br /> withheld, but no longer applicable, as liquidated damages. <br /> ARTICLE 7. INTENTIONALLY LEFT BLANK <br />