The following statement captioned "Liquidated damages" may be used in goods or services 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 nonperformance and the contract contains the termination for default clause set forth in section 3-125-17:
"Liquidated damages. When the contractor is given notice of delay or nonperformance as specified in section 3-125-17(1) of the termination for default clause of this contract and fails to cure in the time specified, the contractor shall pay to the State the amount of $_________ per calendar day from date set for cure until either the State reasonably obtains similar goods or services if the contractor is terminated for default, or until the contractor provides the goods or services if the contractor is not terminated for default. To the extent that the contractor's delay or nonperformance is excused under section 3-125-17(4), excuse for nonperformance 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."
Haw. Code R. § 3-125-19