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immediately comply with COUNTY'(S) decision. <br /> LIQUIDATED DAMAGES <br /> <br /> 42. It is agreed by and between the Contractor and the County that if this Agreement is not fully and <br />completely performed within the terms of the Agreement damage will be sustained by the County. Said damage <br />includes any additional costs resulting from a delay in scheduled time frames by the Contractor. Since it is and will <br />be impractical and extremely difficult to determine the actual damage which the County will sustain by reason of <br />such delay, it is therefore agreed that Contractor will pay to the County liquidated damages in a set amount for each <br />and every day of delay as set forth in this document. Liquidated damages shall be assessed as 1/260 of the contract <br />amount per day. <br /> <br />In the event the liquidated damages as set forth herein are not paid by the Contractor, the County will deduct the <br />amount of liquidated damages from any monies due Contractor under this Agreement. <br /> <br />This provision may be invoked at the sole option of the County by notification to the Contractor by certified return <br />receipt mail. <br /> <br />If the Agreement is delayed by reason of changes or extra services ordered by the County or as a result of the <br />County's failure to perform or delays caused by the County, the time of performance of this Agreement will be <br />extended commensurate with the time required for the extra services, and no liquidated damages will accrue during <br />the period of such extension. <br /> <br /> TOTAL AGREEMENT <br /> <br /> 43. This Agreement, together with the attachments hereto, expresses the total understanding o£the parties. <br />There are no oral understandings of the parties or terms and conditions other than as are stated herein. <br />CONTRACTOR acknowledges that it has read and agrees to all terms and conditions included in this <br />AGREEMENT. <br /> <br />27 <br /> <br /> <br />