DAKTRONICS, INC. 1 - 2006 - Laserfiche WebLink

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lC/12/06 16:38 FAX 605 697 4700 DAKTRONICS ~002 accordance with Section 13, below. The term of this Agreement may be extended for five additiolllll one-year terms, at the option of the City. City may exercise each one year extension option, by providing written notice thereof at least sixty (60) days prior to the then current termination date. 4. TIME OF COMPLETION -LIQUIDATED DAMAGES CONTRACTOR AND CITY AGREE THAT SHOULD THE SCOREBOARD NOT BE ~STALLED BY DECEMBER 29, 2006, THE DAMAGES TO THE CITY WOULD BE EXTREMELY DIFFICULT AND IMPRACTICABLE TO ASCERTAIN DUE TO THE EFFECT SUCH A BREACH WOULD HAVE ON THE TIMELY COMPLETION OF THE STADIUM: RENOVATION PROJECT, AND THAT THERERFORE, THE SUM SET FORTH BELOW IS A REASONABLE ESTIMATE OF THE DAMAGES TO THE CITY, IN'CLUDING THE COSTS OF ADDITIONAL DELAYS TO THE STADIUM PROJECT AND THE RESULTING LOSS OF USE OF THE STADIUM BY THE CITY, SCHOOLS AND COMMUNITY FOR EVENTS SUCH AS THE ANNUAL MOTHERS DAY CELEBRATION A..'ID GRADUATION CEREMONIES, AND ADVERTISING REVENUE LOSS. SHOULD CONTRACTOR NOT COMPLETE ALL WORK UNDER TInS CONTRACT ON THE TIME SCHEDULE SET FORTH BELOW THE CITY SHALL BE ENTITLED TO LIQUIDATED :JAMAOES IN THE AMOUNT OF ONE THOUSAND DOLLARS ($1,000.00) PER DAY :?OR EACH DAY DELAY BEYOND THE SCHEDULED COMPLETION DATE. PROVIDED, HOWEVER, CONTRACTOR SHALL OWE NO LIQUIDATED DAMAGES TO THE EXTENT ANY DELAY IS ATTRIBUTABLE TO 1) A FORCE MAJEURE EVENT, INCLUDING ACT OF GOD, NATURAL DISASTER. LABOR OR MATERIAL SHORTAGE BEYOND THE REASONABLE CONTROL OF CONTRACTOR, WAR, OR ACT OF TERRORISM; OR 2) DELAY CAUSED BY THE CITY, INCLUDING F AlLURE TO MAKE PAYMENTS WHENREQUlRED, CITY DELAY IN APPROVAL OF SHOP DRAWINGS OR FAILURE OF CITY TO COMPLETE ITS OBLIGATIONS. :::--"STALLATION OF SCOREBOARD SHALL BE COMPLETED BY DECEMBER 29,2006 INSTALLATION OF MARQUEE SHALL BE COMPLETED BY APRIL 3, 2007 (FOR THIS SECTION 4 om Y, INSTALLATION OF THE SCOREBOARD SHALL CONSIST OF THE ACTUAL PHYSICAL INSTALLATION OF THE SCOREBOARD WInCH REQUIRES flEA VY EQUIPMENT ACCESS ON THE STADUIM FIELD.) ThlTIALS OF CO~R: ;?fL INITIALS OF CITY: 5. INDEPENDENT CONTRACTOR Contractor sha.ll, during the entire tenn of this Agreement, be construed to be an iudependent contractor and not an employee of thc City. This Agreement is not iutended nor shall it be coostrued to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or conn-ol over the professional manncr in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall b. provided in a manner consistent with all 3