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liquidated damages, ascertained and agreed, and not in the nature of a penalty, <br /> ( the sum of twenty five dollars ($25.00) for each day delayed, which shall be <br /> �r deducted from the final amount of estimate made the City. <br /> Should the said City of Batesville fail to complete the work in an acceptable <br /> manner, or default in any requirement of it hereunder, the Arkansas State Highway <br /> and Transportation Department shall have the right to complete all or any portion <br /> of the work with means at its command and pay for same from funds to be realized <br /> from the Performance Bond set up in paragraph No. 5. <br /> In no case can any portion of the construction cost of this project be borne <br /> by the Arkansas State Highway and Transportation Department. <br /> 8. The City of Batesville agrees upon completion of the project to assume the <br /> maintenance of the installation by City forces and/or others in accordance with <br /> applicable federal and Arkansas State Highway Commission regulations. <br /> (W 9. This agreement is executed by , Mayor of the <br /> City of Batesville, duly entered on the /`y day of Z , 1980, <br /> and recorded in Book No. _�, Page V , of the City Record. <br /> WITNESS the hands of the parties hereto on this day of , <br /> 1980. <br /> ARKANSAS STATZ HIGHWAY AND OR T N DEPART <br /> BY: BY: <br /> Deputy Director arffl Chief erect fghways and <br /> Engineer Transp rtation <br /> CITY <br /> BY: <br /> (W Mayor <br />