Contoocook Well Chemical Tank The TOWN also reserves the right to waive minor variations to specifications contained in the Invitation to Bid. This interpretation of minor variations shall be made by applicable the TOWN personnel. To the extent permitted by applicable state and federal laws and regulations, the TOWN reserves the right to reject any and all Bids, to waive any and all informalities, irregularities and technicalities not involving price, time or changes in the commodities and/or services, and the right to disregard all nonconforming, non- responsive, unbalanced or conditional Bids. Bids will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations or irregularities of any kind. The cost(s) shall remain firm for the initial one (1) year contract term. Costs for any extension term shall be subject to adjustment only if increases occur in the industry. LIQUIDATED DAMAGES. The TOWN and Successful Bidder recognize that time is of the essence of this Contract and that the TOWN will suffer loss if the project is not completed within the time specified, plus any extensions thereof allowed. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the TOWN if the project is not completed on time. The TOWN and Successful Bidder recognize, agree, and acknowledge that it would be impractical and extremely difficult to ascertain and fix the actual damages that the TOWN would suffer in the event Successful Bidder neglects, refuses, or otherwise fails to complete the work within the time specified. Accordingly, instead of requiring any such proof, the TOWN and Successful Bidder agree that as liquidated damages for delay (but not as a penalty) Successful Bidder shall pay the TOWN One Hundred Dollars ($100.00) for each day that expires after the time specified in bid package and contract for substantial completion until the project is substantially complete. If Successful Bidder shall neglect, refuse or fail to complete the remaining project within the time specified or any proper extension thereof granted by the TOWN within the time or any proper extension thereof granted by the TOWN, Successful Bidder shall pay the TOWN One Hundred Dollars ($100.00) for each day that expires after the time specified in bid package and Contract for completion and readiness for final payment. All questions must be submitted in writing and will be
posted on the Town ofJaffrey Website no later than 5 days before the bid closing date.
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