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strong storms, tropical storms and/or hurricanes which are common between June 1 and November <br />30. <br />12.2 No Recovery for Early Completion. If the CONTRACTOR submits a schedule or <br />expresses an intention to complete the Work earlier than any required milestone or completion date, <br />the CITY shall not be liable to the CONTRACTOR for any costs incurred because of delay or <br />hindrance should the CONTRACTOR be unable to complete the Work before such milestone or <br />completion date. The duties, obligations and warranties of the CITY to the CONTRACTOR shall be <br />consistent with and applicable only to the completion of the Work and completion dates set forth in <br />this Agreement. <br />12.3 Liquidated Damages <br />12.3.1 The CONTRACTOR understands that if the Work is not substantially complete <br />within two hundred seventy (270) days from the date of the Notice to Proceed, or if CONTRACTOR <br />does not achieve Final Completion within thirty (30) days thereafter, then the CITY will suffer <br />damages which are difficult to determine and accurately specify. As such, Liquidated Damages are <br />hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely <br />ascertaining the amount of damages that will be sustained by CITY as a consequence of such delay <br />and both parties desiring to obviate any question of dispute concerning the amount of said damages <br />and the cost and effect of the failure of CONTRACTOR to complete the Work on time. <br />12.3.2 Upon failure of CONTRACTOR to complete the Work within the time specified for <br />the substantial and final completion of the Work (plus approved extensions if any), CONTRACTOR <br />shall pay to CITY the sum of One Thousand Dollars ($1000.00) for each and every calendar day <br />beyond the time specified in this Agreement for substantial and final completion, as fixed and agreed <br />liquidated damages and not as a penalty. The Liquidated Damages shall apply regardless of whether <br />or not a single Contract is involved and shall apply separately to each portion of the Work for which <br />a time of completion is given. CITY shall have the right to deduct from and retain out of moneys <br />which may be then due or which may become due and payable to CONTRACTOR, the amount of <br />such liquidated damages and if the amount retained by CITY is insufficient to pay in full such <br />liquidated damages, the CONTRACTOR shall pay in full such liquidated damages. <br />12.4 Delay. <br />Any delay caused by the CITY shall extend the date for substantial completion date by the <br />number of days that resulted from the delay. <br />ARTICLE 13 - CHANGES IN THE WORK, RESTRICTIONS AND LIMITATIONS <br />13.1 After the Plans and Specifications have been approved for construction by the <br />Building Department, the CITY, without invalidating this Agreement, may order additions, deletions <br />or revisions to the Work. Such additions, deletions or revisions shall be authorized by a Written <br />Amendment or Change Order. <br />26 <br />