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16.2 Completion by City. If City terminates this Contract because of a material breach by <br /> Seller, City may complete the Work by itself or by contract with other persons, or by combination <br /> thereof. Seller shall be liable to City for the costs and losses associated with the breach, including but <br /> not limited to costs incurred in selecting other vendors, time -delay losses, and reasonable attorneys <br /> fees up to the maximum amount of this contract. City may withhold payment of any amount due <br /> Seller for Work performed to the date of termination until City's costs and losses have been <br /> determined, at which time City may offset any such amount due Seller against the costs and losses <br /> incurred by City. <br /> 16.3 Payment Default by Seller. If Seller fails to perform any payment obligation arising out <br /> of or related to this Contract, then City, in its sole discretion, may withhold all moneys due and <br /> payable to Seller, without penalty, until such failure to perform is cured or commenced with adequate <br /> assurance, in City's sole judgment, of completion in timely manner; or may pay such obligation or <br /> portion thereof necessary to protect City's interest, and offset such amount, plus interest at 12 <br /> percent per annum thereon from the date of payment to the date of reimbursement by Seller or offset, <br /> - from amounts otherwise payable to Seller under this Contract. <br /> 16.4 Liquidated Damages. If Seller fails to complete the Work by the time stated in the Work <br /> Schedule, or within such extra time as may have been allowed by extensions granted as provided <br /> herein, Seller shall reimburse City for the additional expense and damage for each day (Saturdays, <br /> Sundays, and any other Oregon legal holidays excluded) that the Work remains uncompleted after the <br /> agreed -upon completion date. The parties agree that the following amounts shall be payable by Seller <br /> to City as liquidated damages on account of Seller's failure to complete the Work in timely manner: <br /> 16.4.1 For 1 to 30 days' delay: $50 per day. <br /> 16.4.2 For 31 to 60 days' delay: $100 per day. <br /> 16.4.3 For 61 or more days' delay: 8200 per day. <br /> It is expressly understood and agreed that this amount is not to be considered as a penalty, but as <br /> damages which have accrued against Seller. The exact amount of damage that would be sustained <br /> by City due to delay is difficult, if not impossible, to accurately ascertain, but the parties believe the <br /> specified amount of liquidated damages to be a reasonable forecast of the damage which City would <br /> sustain. Such liquidated damages are in addition to any other ascertainable damage which City <br /> sustains for Seller's breach of this Contract. City shall have the right to deduct such damages from <br /> any amount due, or that may become due to Seller, if any, or the amount shall be due and collectable <br /> from Seller. <br /> CITY SELLER <br /> City of Eugene RJN Computer Services, Inc. <br /> By: By: <br /> Title: Title: <br /> Address: Address: <br /> Purchase Contract - 12 <br />