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as may be specified in such notice as necessary to give reasonable assur- ance of the completion of the work within the Contract period; and, if the Contractor shall not comply with the terms of said notice within five (5) days after the delivery thereof to him or his foreman or agent on the work, then the Owner may employ and pay for such additional labor, material and/or equipment as, in the judgement of the Engineer, may be necessary to give reasonable assurance of the completion of the work within the Con- tract period and the cost thereof shall be charged to the Contractor, who shall be liable to the Owner thereof. If the Engineer shall not file such notice, or if after such notice has been given, the Owner shall not employ or procure additional equipment, material and/or labor, the Contractor and his sureties shall nevertheless be held to full liability for any failure to perform his Contract. EXTRA WORK AND MATERIAL The Engineer may, at any time during the progress of the work, order work and/or materials not covered by these specifications, but reasonably necessary for the completion of the work. Such work and/or materials will be classed as extra work and/or materials and will be ordered in writing. Such extra work and/or materials shall be charged for at actual necessary cost, as determined by the Engineer, plus ten percent (10%) profit, super- intendance and general expenses. All bills for extra work and/or materials shall be presented on the first (1st) day of the calendar month after such work and/or materials were furnished. FAILURE TO COMPLETE WORK WITHIN SPECIFIED TIME a) Should the Contractor fail to complete the work included in the Contract within the time limit agreed upon or such extension thereof as may be grant- ed, a deduction of a day will be made from amounts otherwise due the Contractor for each and every calendar day or fraction thereof, that the work remains incompleted after the date set for its completion. b) The amount stated in paragraph (a) above is mutually agreed upon by the parties to the Contract as liquidated damages for the loss to the Owner for not being able to utilize and enjoy the benefit of the completed contract- ed work, which is necessary due to the fact that the lots have been sold to others on the basis of the completion of the work within the specified time, and also due to t per a er? rute wnex ti-Ag �c o k. The said amount will a deduatGd from any monl�$ theCot tr#i3to`j , nd the Contractor and h i gtj kh�Jl t5e`lial�le to the gwn f r y ess. 'Public Agency ...... ............. ❑ Owner .---------------_-- Engineer ----------••--_.Engineer ------------.....-.......................... -,.... ❑ Architect -----------_-- Other .................. 13. ..........I.....................................