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maximum not-to-exceed amount of $25% of the total contract <br />value. Such damages will be applied in the event <br />completion of the mutually agreed upon milestones as <br />identified in the statement of work completion criteria are <br />not achieved in accordance with the Project Schedule. If <br />such event is in jeopardy of not being achieved in <br />accordance with the Project Schedule, Contractor shall <br />inform the City in writing of the potential delay no less <br />than thirty (30) days prior to the scheduled event. <br />Contractor's written notification of the potential delay <br />shall include a proposed recovery plan for the City's <br />consideration and approval. The City's approval of such <br />recovery plan shall not be unreasonably withheld. If the <br />City approves the Contractor's recovery plan, damages <br />relating to the delay shall only apply to the newly <br />adjusted Project Schedule. <br />Primary Agreement Page 17 <br />