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HVAC <br /> ERFiIBIT 8 <br /> component part to the extent required in this paragraph 14 ( "delay <br /> damages" ) cannot be calculated or determined with any degree of <br /> certainty. <br /> (d) As a consequence oi the .difficulty in ascertaining the <br /> loss which the Authority will suffer by reason of a delay in the <br /> performance of the work within the Contract time, �it is expressly <br /> understood and agreed by and between the Contractor and the <br /> Authority that the sum of $250 . 00 per day, or part thereof, for <br /> each consecutive calendar day (including Saturdays, Sundays and <br /> holidays) any component part is not operable by the last day shown <br /> in the OTS for work to be performed on such component part, and, <br /> fully complete by April 30, 1999, is (1) a reasonable forecast of <br /> jus�t compensation for the harm caused by such breach by delay of <br /> completion; (2) to be paid as an alternate to performance and not <br /> as a penalty for non-performance; (3 ) an intent on the part oi the <br /> Authority and Contractor to agree in advance to settle damages for <br /> such delay in completion; and (4) agreed upon, fixed and determined <br /> by the Authority and Contractor as liquidated damages ( "daily <br /> liquidated damages" ) the Authority will suffer by reason of said <br /> delay and default in the performance of the Contract within the <br /> Contract time and not as a penalty. <br /> (e) If the Contractor shall fail to cause any component part <br /> to be operable by the last day shown in the OTS for work to be <br /> performed on such component part, and, fully complete by Aprii 30, <br /> E%HIBIT 8 Page 2 <br /> i <br /> � <br /> � <br /> � <br />