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subcontractors, by written contract, to comply with the provisions of this Section to the <br />same extent as Contractor. <br />P. Schedule and Delays <br />Time is of the essence in this Agreement. By signing, Contractor affirms that it believes <br />the schedule to be reasonable; provided, however, the Parties acknowledge that the <br />schedule might be modified as the City directs. <br />Q. Materiality and Waiver of Breach <br />City and Contractor agree that each requirement, duty, and obligation set forth herein was <br />bargained for at arm's-length and is agreed to by the Parties in exchange for quid pro quo, <br />that each is substantial and important to the formation of this Agreement and that each is, <br />therefore, a material term hereof. <br />City's failure to enforce any provision of this Agreement shall not be deemed a waiver of <br />such provision or modification of this Agreement. A waiver of any breach of a provision <br />of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be <br />construed to be a modification of the terns of this Agreement. <br />R Compliance With Laws <br />Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, <br />rules, and regulations in performing Contractor's duties, responsibilities, and obligations <br />pursuant to this Agreement. <br />S. Severance <br />In the event a portion of this Agreement is found by a court of competent jurisdiction to be <br />invalid or unenforceable, the provisions not having been found by a court of competent <br />jurisdiction to be invalid or unenforceable shall continue to be effective. <br />T. Limitation of Liability <br />The City desires to enter into this Agreement only if in so doing the City can place a limit <br />on the City's liability for any cause of action for money damages due to an alleged breach <br />by the City of this Agreement, so that its liability for any such breach never exceeds the <br />sum of $1,000. Contractor hereby expresses its willingness to enter into this Agreement <br />with Contractor's recovery from the City for any damage action for breach of contract or <br />for any action or claim arising from this Agreement to be limited to a maximum amount of <br />$1,000 less the amount of all funds actually paid by the City to Contractor pursuant to this <br />Agreement. <br />Accordingly, and notwithstanding any other term or condition of this Agreement, <br />Contractor hereby agrees that the City shall not be liable to Contractor for damages in an <br />CAM #23-0426 <br />Exhibit 3 <br />Page 11 of 18 <br />