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<br />AGREEMENT <br /> <br />THIS AGREEMENT is dated as of the 12 th <br />year 19..2l... by and between the City of <br />called OWN <br />KENKO, Inc. <br />called CONTRACTOR). <br /> <br />day of <br />Paris <br />E R <br /> <br />July <br /> <br />in the <br />(hereinafter <br />and <br />(hereinafter <br /> <br />OWNER and CONTRACTOR, in consideration of the mutual covenants. <br />hereinafter set forth, agree as follows: <br /> <br />Article 1. WORK <br /> <br />CONTRACTOR shall complete all Work as specified or indicated in the <br />Contract Documents. The Work is generally described as follows: <br /> <br />Raw water transmission main, intake structure walkway, chemical feed system, <br />pump replacement and rehab, appurtenances and all associated work. <br /> <br />The Project for which the Work under the Contract Documents may be <br />the whole or only a part is generally described as follows: <br /> <br />The whole project as described in the contract documents and as shown in the <br />construction drawings. <br /> <br />Article 2. ENGINEER <br /> <br />The Project has been designed by Hayter Engineering, Inc., Paris, <br />Texas, who is hereinafter called ENGINEER and who is to act as <br />OWNER'S representative, assume all duties and responsibilities and <br />have the rights and authority assigned to ENGINEER in the Contract <br />Documents in connection with completion of the Work in accordance <br />with the Contract Documents. <br /> <br />Article 3. CONTRACT TIME <br /> <br />3.1. The Work will be substantially completed and ready for final <br />payment within 365 days from the date when the Contract <br />Time commences to run, as provided in the General Conditions. <br /> <br />3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time <br />is of the essence of this Agreement and that OWNER will suffer <br />financial loss if the Work is not completed within the times <br />specified above, plus any extensions thereof allowed in <br />accordance with the General Conditions. They also recognize <br />the delays, expense and difficulties involved in proving in a <br />legal or arbitration proceeding the actual loss suffered by <br />OWNER if the Work is not completed on time. Accordingly, <br />instead of requiring any such proof, OWNER and CONTRACTOR <br />agree <br /> <br />22 <br />EXHIBII A <br />