The following clause is authorized for use in commodity contracts when it is difficult to determine with reasonable accuracy the amount of damage to the State due to delays caused by late contractor performance or non-performance and the contract contains the termination for default clause set forth in Subsection 5.101.02, Termination for Default Clause.
Liquidated Damages
"When the contractor is given notice of delay or non-performance as specified in Subsection 5.101.02(1), Termination for Default Clause, of this contract and fails to cure in the time specified, the contractor shall be liable for damages for delay in the amount of $ _____ per calendar day from date set for cure until either the State reasonably obtains similar commodities if the contractor is terminated for default, or until the contractor provides the supplies or services if the contractor is not terminated for default. To the extent that the contractor's delay or non-performance is excused under Subsection 5.101.02(4), Excuse for Non-performance or Delayed Performance of the Termination for Default Clause of this contract, liquidated damages shall not be due the State. The contractor remains liable for damages caused other than by delay."
12 Miss. Code. R. 6-5.101.03.1