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<br />A. Measure of Liability <br /> <br />I <br /> <br />Part I <br /> <br />In consideration of full and satisfactory performance of <br />obligations pursuant to Subsection A of Section 3 of this contract, <br />the Department shall be liable to the Contractor in an amount equal <br />to the lower one of the two amounts identified or computed by Clauses <br />a and b of this Paragraph 1 of Subsection A. <br /> <br />a. <br /> <br />Six Thousand Five Hundred Fifty Six Dollars <br />($6,556.00) <br /> <br />b. <br /> <br />An amount which equals the sum of the costs for <br />architectural and engineering services which are <br />actually incurred within the period of this contract <br />and paid by Contractor pursuant to Subsection A of <br />Section 3 of this contract and which are devoted <br />exclusively to the fulfillment of the Contractor's <br />obligations pursuant to Subsection A of Section 3; <br />provided that the amount computed pursuant to this <br />clause shall not include any cost or portion thereof <br />which <br /> <br />I <br />I <br /> <br />(1) has been paid or is subject to payment, or <br /> <br />(2) has been reimbursed to Contractor or is subject <br />to reimbursement to Contractor <br /> <br />by EDA or by any source other than the Department or <br />the Contractor <br /> <br />Provided, however, that with regard to Contractor's performance <br />pursuant to Subsection A of section 3, Department shall be liable <br />only for those costs incurred by Contractor for such performance priori <br />to September 1, 1978. <br /> <br />Part II <br /> <br />In consideration of full and satisfactory performance of <br />obligations pursuant to Subsection B of Section 3 of this contract, <br />the Department shall be liable to Contractor in an amount equal to <br />the lower one of the two amounts identified or computed by Clauses <br />a and b of this Paragraph 2 of Subsection A. <br /> <br />I <br />- <br /> <br />Page 10 of 14 Pages <br />