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8.1.D. - Page 10 <br /> Emergency deliveries are not anticipated to occur and shall be kept to a minimum by the scnooi sites. <br /> Emergency orders may be placed by telephone. Emergency response time must be made within four <br /> (4)hours of initial telephone call. <br /> Contractor is required to advise the District Purchasing Department of any repetitive emergencies <br /> occurring in the District. <br /> LIQUIDATED DAMAGES <br /> The items sought by this bid proposal must be delivered in satisfactory condition to the location <br /> specified by the District in the bid proposal on or before delivery time as indicated by vendor. This <br /> time limit is of the essence of the contract. The Contractor's failure to provide the items to the District <br /> by the contract date shall subject the Contractor to liquidated damages in the amount of$1,000 for <br /> each and every calendar day by which completion is delayed beyond the contract date. <br /> Submission of a bid proposal constitutes the Contractor's promise to pay liquidated damages as set <br /> forth above and the Contractor's agreement that the actual occurrence of damages and the actual <br /> amount of damages which the District would suffer if the requirements were not completed by the <br /> contract date is impracticable and extremely difficult to fix. Damages which the District would suffer <br /> in the event of delay are dependent on many circumstances and factors but would include the loss of <br /> use of the materials, disruption of school activities, cost of administration and supervision, and the loss <br /> suffered by the public and the District by reason of delay in completion of the contract. Accordingly, <br /> Contractor agrees that the amount set forth herein as liquidated damages shall be presumed to be the <br /> amount of damages actually sustained by the Contractor's failure to complete the project by the <br /> contract date. <br /> If the Contractor becomes liable to the District for liquidated damages,the District shall, in addition to <br /> all other remedies provided by law, have the right to deduct the amount of liquidated damages owed <br /> from the contract sum or to deduct the amount of liquidated damages owed by the Contractor from <br /> moneys previously retained from the bidder. If the sum deducted by the District is insufficient to <br /> discharge the Contractor's liability for liquidated damages,the Contractor and its sureties shall remain <br /> liable to the District until all such liabilities are fully satisfied. <br /> ALLOCATIONS <br /> In the event the Contractor's supply of awarded items is reduced for reasons beyond his control to a <br /> level which prevents the supply of the District's requirements in full,the Contractor agrees to supply <br /> the District no less than a proportionate share delivered to similar accounts, unless federal regulations <br /> require otherwise. If such reduction occurs, the District reserves the right to cancel all or part of the <br /> contract without prejudice to either party, by giving the contractor thirty (30) days written notification. <br /> Contractor shall not be liable for inability or failure to deliver Gasoline or Diesel to the District's tanks <br /> as the result of earthquake, storm, wind, fire, flood or other acts of God or by reason of strike, <br /> picketing,primary or secondary boycott, lockout, slowdown, interception of cargo or other labor <br /> difficulty or unrest, rendering it difficult, impossible or impracticable to deliver the same or by reason <br /> of the inability of the vendor to obtain Gasoline or Diesel from its usual sources of supply by reason of <br /> shortages of such products or other causes beyond the control of the vendor. <br /> 70F 15 <br /> Bid No. 16-P-04-MOT <br />