8814-15 Accept OH EPA grant for stream bank restoration and fish shelf

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on the part of the owner(s) and /or occupant(s) of such Individual Parcels to grant or permit the Work to proceed. The DB recognizes the assumption of the risk that such delays shall or may occur during the course of the performance of its Work. ARTICLE X. LIQUIDATED DAMAGES City and the DB agree that if the Work is not completed in accordance with the guaranteed completion date referenced in the City's Authorization to Proceed as to an Individual Parcel, the City's damages would be extremely difficult or impracticable to determine. Accordingly, the parties agree that the amounts indicated below are reasonable estimates of and reasonable sums for damages. The City may deduct any liquidated damages due from the DB from any amounts otherwise due to the DB under the Contract Documents. This provision shall not limit any right or remedy of City in the event of any other default of the DB other than failing to complete the Work within the Contract Time. As applicable to each Individual Parcel with reference to the Date of Completion identified on each Notice to Proceed: Liquidated damages shall apply as to the final completion dates for each Individual Parcel and on a daily rate basis as follows: 1. 30 days after stated final completion date: $25.00 for each day; 2. Commencing 60 days after the stated final completion date: $50.00 for each day; 3. Commencing 90 days after the stated final completion date: $75.00 for each day. ARTICLE XI. CONSEOUENTIAL/INCIDENTAL DAMAGES. The DB shall be held liable for any consequential and/or incidental damages suffered by the City and each owner and/or occupant of an Individual Parcel as a result of DB's breach of the provisions of the Contract Documents, including (but not limited to) expenses reasonably incurred in the inspection, receipt, transportation, and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses, or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach. Such obligation on the part of the DB shall be supplemental to the provision of insurance coverage required and as set forth in the attached General Conditions, the Insurance Requirements and applicable Contract Documents. ARTICLE XII. WAIVER OF RIGHT TO FILE MECHANIC'S LIENS OR OTHERWISE PURSUE CLAIMS AS TO INDIVIDUAL PARCELS AND OWNERS. The DB expressly waives any right to file any mechanics liens and/or claims in respect to any work associated with any Individual Parcel and hereby further covenants that it shall cause each of its subcontractors and/or suppliers to waive any right to file mechanic's liens and claims affecting any Individual Parcel. The DB recognizes and acknowledges that its only right or 7 1Paee