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<br />"" <br /> <br />AGREEMENT <br /> <br />THIS AGREEMENT is dated as of the 10 day of Decemher <br />in the year 1990 by and between the City of Paris. Paris. Texas <br />( her e i n a f~ e r c all e d 0 W N E R ) and <br /> <br />_~~~li~~~~~------------------------------------- <br />(hereinafter called CONTRACTOR). <br /> <br />OWNER and CONTRACTOR, in consideration of <br />covenants hereinafter set forth, agree as follows: <br /> <br />the mutual <br /> <br />Article 1. WORK <br /> <br />CONTRACTOR shall complete all Work as specified or indicated in <br />the Contract Documents. The Work is generally described as <br />follows: <br /> <br />10th S.E. Sewer Line Replacement Project 88WSRB09-90 <br /> <br />The Project for which the Work under the Contract Documents may <br />be the whole or only a part is generally described as follows: <br /> <br />General construction for installation of approximately 5,214 linear feet of <br />4-inch, 6-inch, 10-inch and 12-inch snR 26 and snR 35 PVC sewer pipe, man- <br />holes and all appurtenances. <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 <br />Contract Documents in connection with completion of the Work in <br />accordance with the Contract Documents. <br /> <br />Article 3. CONTRACT TIME <br /> <br />3.1. The Work will be substantially completed and completed and <br />ready for final payment within 150 days from the date <br />when the Contract Time commences to run, as provided in the <br />General Conditions. <br /> <br />3.2. Liquidated Damages. OWNER and CONTRACTOR recognize <br />that time is of the essence of this Agreement and that <br />OWNER will suffer financial loss if the Work is not completed <br />within the times specified above, plus any extensions thereof <br />allowed in accordance with the General Conditions. They also <br />recognize the delays, expense and difficulties involved in <br />proving in a legal or arbitration proceeding the actual loss <br />suffered by OWNER if the Work is not completed on time. <br />Accordingly, instead of requiring any such proof, OWNER and <br />CONTRACTOR agree <br /> <br />19 EXHIBIT A <br />