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<br />AGREEMENT <br /> <br />TillS AGREEMENT is dated as of the 14th day of June in the year 19 99 by and <br />between City of Paris, Paris, Texas, (hereinafter called OWNER) and N.G. Painting. Inc. <br /> <br />(hereinafter called CONTRACTOR). <br /> <br />OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree <br />as follows: <br /> <br />Article 1. WORK. <br /> <br />CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The <br />Work is generally described as follows: Rehabilitation of windage rods, roof repair, vent, overflow <br />piping, rafter welding, seam sealing, surface preparation and painting interior and exterior of a 0.5 <br />million gallon elevated water storage tank. <br /> <br />The Project for which the Work under the Contract Documents may be the whole or only a part is <br />generally described as follows: Rehabilitation and Painting of one (1) 0.5 million gallon elevated <br />water storage tank. <br /> <br />Article 2. ENGINEER. <br /> <br />The Project has been designed by City Engineer, City of Paris, Paris, Texas, or his authorized <br />representative, who is hereinafter call ENGINEER and who is to act as OWNER'S representative, <br />assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in <br />the Contract Documents in connection with completion ofthe Work in accordance with the Contract <br />Documents. <br /> <br />Article 3. CONTRACT TIME. <br /> <br />3.1 The Work will be substantially completed within ~ days from the date when the Contract <br />Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and <br />ready for final payment in accordance with paragraph 14.13 of General Conditions within J1.Q.... days <br />from the date when the Contract Time commences to run. <br /> <br />3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of <br />this Agreement and that OWNER will suffer financial loss if the Work is not completed within the <br />times specified in paragraph 3. I above, plus .any extensions thereof allowed in accordance with <br />Article 12 of the General Conditions. They" also recognize the delays, expense and difficulties <br />involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the <br />Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and <br />CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR <br /> <br />18 <br /> <br />EXHIBIT A <br />