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<br />I \ <br /> <br />Water Distribution, Storage and Pumping Facility located at 1400 Radio <br />Road, Redwood City, CA 94065 and ready for Buyer's receipt of delivery <br />within one hundred and thirty (130) Calendar Days from the date the Contract <br />Time commences to run. This delivery date shall apply to all Equipment and <br />Services necessary for installation of the Main Pumps. Field services and <br />other post-installation obligations shall be coordinated with the construction <br />schedule, and are not subject to this delivery date. <br /> <br />2. The terms of payment are as follows: <br />a. 90% net 45 days from date of invoice upon receipt and acceptance of <br />delivery by Buyer, <br />b. 50/0 upon acceptance and testing, not to exceed 180 days from delivery, <br />c. 50/0 upon completion of all documentation, not to exceed 180 days from <br />delivery <br /> <br />B. Liquidated DamaQes <br />1. Buyer and Seller recognize that Buyer will suffer financial loss if the <br />Equipment and Services are not delivered within the time specified in <br />paragraph 111.A.1 above plus any extensions thereof allowed in accordance <br />with the Contract Sections. Seller and Buyer agree that because of the <br />nature of the Project, it would be impractical or extremely difficult to fix the <br />amount of actual damages incurred by Buyer because of a delay in <br />completion of the Work and the Seller is the sole cause of such delay. <br /> <br />2. Accordingly, Buyer and Seller agree that Seller shall pay Buyer one thousand <br />and no/10ath dollars ($1,000.00) for each Day that expires after the time <br />specified in Paragraph III.A.1 of this Agreement for a total amount not to <br />exceed 100/0 of the Contract Price specified in Paragraph II.A; however, if <br />the contract is assigned, Seller shall only be liable for payment of liquidated <br />damages to the extent Owner assesses liquidated damages on <br />Buyer/Assignee and Buyer/Assignee has paid such damages. Liquidated <br />damages as provided herein shall constitute Seller's sole liability and Buyer's <br />sole and exclusive remedy for delay in delivery. <br /> <br />IV. CONTRACT SECTIONS <br /> <br />The Contract Sections which comprise the entire agreement between Buyer and Seller <br />concerning the Work consist of the following: <br /> <br />A. Contract Sections consist of the following Sections: <br /> <br />Agreement <br />Faithful Performance Bond & Payment Bond (Reference Forms) <br /> <br />Technical Specifications: <br /> <br />Operations and Maintenance Data and Spare Parts <br />General Equipment and Mechanical Requirements <br />Vertical Turbine Pumps <br /> <br />Shop Drawings - Final Favorably Reviewed Package <br />(SDRL dated 15 January 2010, and responses to SDRL comments) <br />Flowserve Proposal dated January 28, 2010 <br /> <br />Exhibit A-1 to Agreement between Buyer and Seller Assignment of Contract; <br />Consent to Assignment; and Acceptance of Assignment. <br /> <br />AGREEMENT <br />MAIN PUMP PROCUREMENT PACKAGE <br /> <br />Agreement-2 <br />