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. � <br /> (4) Have not within a three-year period preceding this agreement had one or more <br /> public transactions (federal, state, or local) terminated for cause or default. <br /> B. W11ere the Consultant is unable to certify to any of the statements in this <br /> certification, such Consultant shall attach an explanation to this agreement. <br /> XXII. LI UIDATED DAMAGES <br /> The Consultant's completion and submission of the final report by November 9, 1999, to <br /> the City is critical in terms of allowing the City to meet certain filing deadlines established by the <br /> Federal Transit Administration. Accordingly, the Consultant agrees to pay the City$100 per day <br /> for each day the submission of the final report extends beyond November 9, 1999. If, on the <br /> other hand, the Consultant is able to complete the work and submit the final report ahead of <br /> schedule the City agrees to add $10U to the Consultant's maximum agreed to coznpensation for. <br /> each day between November 9, 1999 and the earlier delivery date of the final report. <br /> The following factors are recognized and agreed upon by the City and the Consultant as <br /> essential to the Consultant's ability to complete and deliver the final report on or before <br /> November 9, 1999: <br /> 1. The information listed on Exhibit E will be given to the Consuitant by the City no <br /> later than February 28, 1999, and, <br /> 19 <br />