Subcontractors

5.03 Date for Delivery of GoodsA. The Goods are to be delivered to the Point of Destination and ready for Buyer's receipt of delivery within a period ofnomore than 308 days after the date on which approved Shop Drawings are delivered to the Seller.B. The cumulative amount of time allowed the Seller for the preparation of approval Shop Drawings and Delivery of Goodsis the sum of the days in paragraph 5.02 and paragraph 5.03.A. above. Unused time under one paragraph may be used tosupplement the allowable time under the other paragraph.C. Buyer may delay shipment of Goods until December 1. 20095.04 Days for Furnishing Special ServicesA. The furnishing of Special Services to Buyer will commence within 7 days after Buyer's written notice to Seller thatBuyer is ready for such Special Services, and shall be completed within 90 days thereafter.5.05 Liquidated DamagesA. Buyer and Seller recognize that time is of the essence of this Agreement and that Buyer may suffer financial loss if theGoods are not delivered at the Point of Destination and ready for receipt of delivery by Buyer within the times specified inParagraph 5.03 above, plus any extensions thereof allowed in accordance with Article 7 of the General Conditions. The partiesalso recognize that the timely performance of services by others involved in the Project may be dependent upon Seller's specificcompliance with the requirements of Paragraph 5.03. Further, they recognize the delays, expense and difficulties involved inproving the actual loss suffered by Buyer if complete acceptable Goods are not delivered on time, Accordingly, instead ofrequiring such proof, Buyer and Seller agree that as liquidated damages for delay (but not as a penalty) Seller shall pay Buyer$2,000.00 for each day that expires after the time specified in Paragraph 5.03.B, for delivery of acceptable Goods (plus anyextensions thereof). No liquidated damages can be assessed unless the cumulative time has been exceeded by the Seller. Suchliquidated damages shall be the sole remedy in damages available to Buyer for any delay by Seller. The total amount of liquidateddamages that can be assessed is the total Contract Price.ARTICLE 6 - CONTRACT PRICE6.01 Buyer shall pay Seller for firnishing the Goods and Special Services in accordance with the Contract Documents incurrent funds as follows:6.02 Proposer will frniish the Goods and Special Services in accordance with these Contract Documents for the followingprice(s), which do not include sales tax:6.03 Additional Costs:$ 336,580.00 Shop Drawing Preparation$ 2,860,930.00 Manufacturing of Goods$ 168,290,00 Special Services$ 3,365,800.00 TOTAL Lump SumA. $ 6,500.00 The Seller's monthly fee for storage of Two (2) Gensets at Seller's facilities in theevent that Buyer desires to delay shipment beyond the agreed to shipment date.Such fee shall include interest on money due SellerC. $ 4,500.00 The Seller's monthly fee for storage of Switchgear System at Seller's facilities inthe event that Buyer desires to delay shipment beyond the agreed to shipment date.Such fee shall include interest on money due SellerEJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright S2000, National Society of Professional ngineers. All rights reserved.00520-302001-158 Diesel Engine Driven Generator Sets