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23.3.5. set out to bid for a new Contractor to provide the necessary services; or <br /> 23.3.6, issue Contractor a change order setting for the additional work that must <br /> be undertaken. <br /> 23.4. In the event City terminates the contract under 23.3.1 or 23.1.1, Contractor shall be <br /> entitled to all costs and expenses incurred to date of the termination, including <br /> overhead and reasonable profits, on the percentage of the work completed. <br /> Contractor shall not be entitled to profits on the uncompleted portion of the contract. <br /> If City chooses to issue a change order as set out at 23.3.6 above, or to terminate <br /> the contract as set out at 23.3.1 above, it shall have access to Contractor's <br /> documentation used to prepare Contractor's bid when making its determination of <br /> the additional compensation due. <br /> 24. Default and Willful Violation. If the Contractor willfully violates any of the provisions of <br /> Sections 4.615 to 4.650 of the Eugene Code, 1971, or any of the provisions of State law <br /> governing public contracts, or if Contractor knowingly files false affidavits of compliance <br /> required under paragraph 6, Contractor shall waive for a period of one year any right to bid <br /> upon any public improvement project let by City. If Contractor or any of Contractor's <br /> subcontractors violates any such provisions or files any such false affidavits of compliance, <br /> or in the event Contractor otherwise fails to perform any of its obligations under this contract, <br /> time and quality of performance being of the essence, City may, at its option, terminate this <br /> contract upon written notice to Contractor. In the event of a termination of this contract or a <br /> subcontract under these provisions, Contractor or the subcontractor, if applicable, shall <br /> forfeit ail rights under this contract or the subcontract, as the case may be. The City's claim <br /> for damages under paragraph 25 and any other relief available to City resulting from the <br /> Contractor's breach shall survive a termination of this contract. <br /> 25. Liquidated Damages. In the event the Work is not completed by the Completion Date as <br /> specified in paragraph 2, Contractor will pay to City liquidated damages as specified in the <br /> bid proposal. The parties believe that due to the costs of bringing an action and the difficulty <br /> of establishing the exact amount of damages City will incur, it would be inconvenient and <br /> infeasible for City to bring an action for the actual damages it will incur because of <br /> Contractor's failure to complete the Work by the Completion Date. In order to compensate <br /> City for the damages City will suffer because of a delay, the parties have estimated the <br /> amount City would be damaged for every working day completion is delayed. The parties <br /> believe that the sum set as liquidated damages is reasonably related to City's anticipated <br /> damages per working day after the Completion Date that the Work is not completed. <br /> Contractor will not contest such sum as being other than a true measure of damages in the <br /> event those damages become payable under these provisions. <br /> <br /> 26. Arbitration. All claims or disputes between City and Contractor arising out of or related to <br /> the Work or this contract shall be decided. by arbitration conducted in accordance with the <br /> construction industry arbitration rules of the American Arbitration Association unless the <br /> parties agree otherwise. The parties shall bear equally the administrative fees of the <br /> American Arbitration Association and the fees of the arbitrator. <br /> <br /> 27. Notices. Any notices permitted or required by this contract shall be deemed given when <br /> personally delivered or upon deposit in the United States mail, postage fully prepaid, <br /> certified, return receipt requested, addressed to: <br /> Public Improvement Contract (Comp) -Page 9 <br /> (Revised April 1998) <br /> <br />