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La clausola sui Liquidated Damages

"It is acknowledged that the Seller’s failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the Buyer to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the Buyer of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the Buyer agrees that liquidated damages may be assessed and recovered by the Buyer as against Seller, in the event of delayed completion and without the Buyer being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore Seller shall be liable to the Buyer for payment of liquidated damages in the amount specified in Appendix “D” for each day that Substantial Completion is delayed beyond the Contract Time as specified in Appendix “.....”. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and Seller shall pay them to Buyer without limiting Buyer's right to terminate this agreement for default as provided elsewhere herein".