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<br /> DES:djk "7/29/96 (025/70) <br />Code (commencing with Section 1720) . But no sum shall be <br />withheld, retained or forfeited, except from the final payment, <br />without a full investigation by either the Division of Labor Law <br />Enforcement or by City. <br /> 5. It is hereby agreed by the parties to the agreement that <br />in case all work called for under the agreement is not finished <br />or completed on or before the time set forth in this agreement, <br />damage will be sustained by City, and that it is and will be <br />impracticable and extremely difficult to ascertain and determine <br />the actual damage which City will sustain in the event of, and by <br />reason of such delay; it is therefore agreed Contractor will pay <br />to City the sum calculated at the rate of Five Hundred Dollars <br />($500.00) per day as liquidated damages for each and every <br />calendar day's delay in finishing the work in excess of the <br />number of calendar days prescribed, and Contractor agrees to pay <br />said liquidated damages as herein provided, and in case the same <br />are not paid, agrees that City may deduct the amount thereof from <br />any monies due or that may become due under this agreement. <br /> It is further agreed that in case the work called for under <br />this agreement is not completed in all its parts and requirements <br />within the number of calendar days specified, City shall have the <br />right to increase the number of calendar days or not, as may seem <br />best to serve the interest of City; and if it is decided to <br />increase the said number of calendar days, City shall further <br />have the right to charge to Contractor, and deduct from the final <br />payment for the work, all or any part, as City may deem proper, <br />of the actual cost of engineering, inspection, superintendance, <br /> 8 <br /> *___._.,_"" ._~..~ _,_..~, ._.. .___________.., u.~'....-- .. <br />