XXXXX DAMAGES. The Principal Representative and the State of Colorado shall be liable to the Contractor for the payment of any claim for extra costs, extra compensation or damages occasioned by hindrances or delays encountered in the Work only when and to the limited extent that such hindrance or delay is caused by an act or omission within the control of the Principal Representative, the Architect/Engineer or other persons or entities acting on behalf of the Principal Representative. Further, the Principal Representative and the State of Colorado shall be liable to the Contractor for the payment of such a claim only if the Contractor has provided required Notice of the delay or impact, or has presented its claim for an extension of time or claim of other delay or other impact due to changes ordered in the Work before proceeding with the changed Work. Except as otherwise provided, claims for extension of time shall be Noticed and filed in accordance with Article 38, Delays and Extensions of Time, within three (3) business days of the beginning of the delay with any claim filed within seven (7) days after the delay has ceased, or such claim is waived. Claims for extension of time or for other delay or other impact resulting from changes ordered in the Work shall be presented and adjusted as provided in Article 35, Changes in the Work.
XXXXX DAMAGES. For Development Projects for which the Parties agree in the Specifications that the provisions of this Section 4.3.3(f) shall apply, notwithstanding the Development Fees provided for in Section 4.3.4 below, if Supplier fails to deliver any Developed Software which has achieved Final Acceptance by the applicable Development Project Completion Date, then for each calendar week that the System fails to so achieve Final Acceptance beyond the scheduled Development Project Completion Date (as specified in the Implementation Schedule), then Supplier shall deduct from the fees payable pursuant to Section 4.3.4 below an amount equal to the percentage of such fees (or a specified dollar amount) set forth in the applicable Specifications, plus an additional percentage (or dollar amount) for each week thereafter that the System has failed to achieve Final Acceptance (“Delay Damages”). Customer and Supplier acknowledge that the amounts payable by Supplier to Customer under this Section 4.3.3(f) constitute liquidated damages for such delay and not penalties, that they represent Customer’s sole and exclusive monetary or financial remedy with respect to the delay, that the injuries to Customer caused by such delay are difficult or impossible to estimate MIVA/ PSC CONFIDENTIAL accurately, and that the sums payable herein are reasonable pre-estimates of the probable losses for such delay.
