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<br />damage includes any additional costs resulting from a delay in scheduled time frames by the CONTRACTOR. <br /> <br />Since it is and will be impractical and extremely difficult to determine the actual damage which the COUNTY will <br /> <br />sustain by reason of such delay, it is therefore agreed that CONTRACTOR will pay to the COUNTY liquidated <br /> <br />damages in a set amount for each and every day of delay as set forth in this document. Liquidated damages shall be <br /> <br />assessed as 1/260 of the contract amount per day. <br /> <br />In the event the liquidated damages as set forth herein are not paid by the CONTRACTOR, the COUNTY <br /> <br />will deduct the 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 <br /> <br />certified return 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 <br /> <br />the COUTNY'S failure to perform or delays caused by the COUNTY, the time of performance of this Agreement <br /> <br />will be extended commensurate with the time required for the extra services, and no liquidated damages will accrue <br /> <br />during the period of such extension. <br /> <br />TOTAL AGREEMENT <br /> <br />43. This Agreement, together with the attachments hereto, expresses the total understanding of the parties. <br /> <br />There are no oral understandings of the parties or terms and conditions other than as are stated herein. <br /> <br />CONTRACTOR acknowledges that it has read and agrees to all terms and conditions included in this Agreement. <br /> <br />CHILD SUPPORT ENFORCEMENT <br /> <br />44. <br /> <br />In order to comply with child support enforcement requirements of the County of Orange, <br /> <br />CONTRACTOR shall execute and abide by the Child Support Enforcement Provision (for profit only providers) <br /> <br />attached hereto as Exhibit "I" and incorporated herein by this reference within 30 days of award of contract, <br /> <br />27 <br /> <br />WIA Cost Reimbursement Contract <br />REV 9/24/03 <br />