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<br />Agreement between Client, KCDA and Contractor - Washington Page 18 <br />156691459.1 <br />.8 take such action as may be necessary or as directed <br />by the Client to preserve and protect the Work and <br />property related to this Project in the possession of the <br />Contractor in which the Client has an interest; and <br /> <br />.9 continue performance only to the extent not <br />terminated. <br /> <br /> 20.4.2 In arriving at any amount due the Contractor <br />after termination, the following deductions shall be made: <br /> <br />.1 all unliquidated advance or other prior payments on <br />account made to the Contractor applicable to the <br />terminated portion of the Agreement; <br /> <br />.2 any claim which KCDA or the Client may have <br />against the Contractor; <br /> <br />.3 an amount necessary to protect KCDA and the <br />Client against outstanding or potential liens or claims; <br />and <br /> <br />.4 the agreed price for or the proceeds of sale of any <br />materials, supplies or other things acquired by the <br />Contractor or sold, pursuant to the provisions of <br />Section 20.4.1.7, and not otherwise recovered by or <br />credited to KCDA. <br /> <br /> 20.4.3 If (and only if) the termination pursuant to <br />Section 20.3 is partial, the Contractor may file a Claim for an <br />equitable adjustment of the price or prices specified in the <br />Agreement relating to the continued portion of the Agreement. <br />The Contractor must assert any Claim for an equitable <br />adjustment under this subparagraph within twenty-one days <br />from the effective date of the Termination. <br /> <br /> 20.4.4 The Contractor shall refund to KCDA any <br />amounts KCDA paid to the Contractor in excess of costs <br />reimbursable under Section 20.3. <br /> <br />20.4.5 The damages and relief from termination by <br />the Client specifically provided in Article 20 shall be the <br />Contractor’s sole entitlement in the event of termination. <br /> <br />20.4.6 When this Agreement refers to a termination, <br />it is understood that the termination is of this Agreement, the <br />Purchase Order, and all related contract documents, but not of <br />any contract between KCDA and the Contractor that is not <br />specific to this Project and this Client. <br /> <br />End of Section