General Requirements and Covenants (2)

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• • damaged thereby; and the amount of said damages, inclusive of expenses for inspection, superintendence and necessary traveling expenses, being difficult if not impossible of definite ascertainment and proof, it is hereby agreed that the amount of such damages shad be the appropriate sum set forth below in the Schedule of Liquidated Damages as liquidated damages for every working day's delay in finishing the work in excess of the number of working days prescribed; and the Contractor hereby agrees that said sum shall be deducted from monies due the Contractor under the contract or if no money is due the Contractor, the Contractor hereby agrees to pay to the County of Hawaii as liquidated damages, and not by way of penalty, such total sum as shall be due for such delay, computed as aforesaid. SCHEDULE OF U UIUATED D GES Total Amount Including Extras Set Up in Contract Amount of From More To and Liquidated Damages Than,. Including Per Working Day 0 25,000 50,000 100,000 500,000 1,000,000 2,000,000 $ 25,000 50,400 100,000 500,000 1,000,000 2,000,000 $ 50.00 75.00 100.00 150.00 200.00 300.00 500.00 •.i ,rte _.-..w....�....��.�-. ...r.A..! The findings of the Engineer shall be accepted by the parties hereto as final; but any allowance of time and remission of charges shall in no other manner affect the rights or obligations of the parties under this contract, nor be construed to prevent action under Subsection 8.12 "TERMINATION OF CONTRACT" in case the Contractor shall fail in the judgment of the Engineer to make reasonable and satisfactory progress after such allowance of time has been granted. 8.12 TERMINATION OF CONTRACT - The contract of which these specifications form a part may be terminated by the Engineer for any one of the following reasons: Substantial evidence that the progress being made by the Contractor is insufficient to complete the work within the specified contract time; failure to prosecute or complete the work expeditiously at any time; or failure on the part of the Contractor to observe any other parts of the specifications; failure of the Contractor to.st art the work ten (10) consecutive working days after the date given in the notice to proceed: failure of the Contractor promptly to:make good any defects of any nature, the correction of which has been directed in writing by the Engineer: substantial evidence of collusion for the purpose of illegally procuring a contract or perpetuating fraud on the County in the construction or work under contract; or after award has been made, the Contractor makes changes in his list of subcontractors or joint contractors submitted in his proposal, which in the opinion of the Engineer are unjusti- fiable and substantive. Section 8 Page 45