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8. Terminations <br /> A. Termination for Convenience(General Provision) <br /> The CITY OF EVERETT may terminate this contract, in whole or in part, at any time by written <br /> notice to the Contractor when it is in the CITY OF EVERETT's best interest. The Contractor shall <br /> be paid its costs, including contract close-out costs, and profit on work performed up to the time of <br /> termination. The Contractor shall promptly submit its termination claim to CITY OF EVERETT to <br /> be paid the Contractor. If the Contractor has any property in its possession belonging to CITY OF <br /> EVERETT, the Contractor will account for the same, and dispose of it in the manner CITY OF <br /> EVERETT directs. <br /> B. Termination for Default(Construction) <br /> If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that <br /> will ensure its completion within the time specified in this contract or any extension or fails to <br /> complete the work within this time, or if the Contractor fails to comply with any other provision of <br /> this contract, CITY OF EVERETT may terminate this contract for default. The CITY OF EVERETT <br /> shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the <br /> default. In this event, the CITY OF EVERETT may take over the work and compete it by contract <br /> or otherwise, and may take possession of and use any materials,appliances,and plant on the work site <br /> necessary for completing the work. The Contractor and its sureties shall be liable for any damage to <br /> the CITY OF EVERETT resulting from the Contractor's refusal or failure to complete the work within <br /> specified time, whether or not the Contractor's right to proceed with the work is terminated. This <br /> liability includes any increased costs incurred by the CITY OF EVERETT in completing the work. <br /> The Contractor's right to proceed shall not be terminated nor shall the Contractor be charged with <br /> damages under this clause if: <br /> 1. The delay in completing the work arises from unforeseeable causes beyond the control and <br /> without the fault or negligence of the Contractor.Examples of such causes include:acts of God, <br /> acts of CITY OF EVERETT, acts of another contractor in the performance of a contract <br /> with CITY OF EVERETT, epidemics,quarantine restrictions, strikes,freight embargoes; and <br /> 2. The Contractor, within [10] days from the beginning of any delay, notifies CITY OF <br /> EVERETT in writing of the causes of delay. If, in the judgment of CITY OF EVERETT,the <br /> delay is excusable,the time for completing the work shall be extended. The judgment of CITY <br /> OF EVERETT shall be final and conclusive for the parties, but subject to appeal under the <br /> Disputes clause(s)of this contract. <br /> If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not <br /> in default, or that the delay was excusable, the rights and obligations of the parties will be the same <br /> as if the termination had been issued for the convenience of CITY OF EVERETT. <br />