9001 AIRPORT RD BLDG 1 2025-10-21

SNO-ISLE TECH 2O23 SMALL WORKS Section 00 70 00, Page 66 McGRANAHAN ARCHITECTS GENERAL CONDITIONS .3 Finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for cause pursuant to subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services, attorneys' fees, and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall promptly pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. 14.2.5 If, after Contractor has been terminated pursuant to this paragraph, it is determined that legally sufficient cause does not exist, then such termination shall be considered a termination for convenience pursuant to Paragraph 14.3. 14.2.6 If the Owner terminates in whole or in any part of the Work pursuant to Paragraph 14.2, the Owner may procure, upon such terms and in such manner, as it deems appropriate, supplies or services similar to those so terminated, and the Contractor shall be liable to the Owner for any excess costs for such similar supplies or services. The Contractor shall continue the performance of this Contract to the extent not terminated hereunder. 14.3 TERMINATION OR SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, at anytime upon ten (10) days' written notice to the Contractor and Contractor's surety, terminate (without prejudice to any right or remedy of the Owner) or suspend the whole or any portion of the Work for the convenience of the Owner. 14.3.2 If the Owner terminates the Work or any portion thereof for convenience, the Owner shall be liable to Contractor only for those costs reimbursable to Contractor in accordance with subparagraph 14.3.3, plus ten percent (10%) of the actual costs recovered under 14.3.3, unless the Contractor would have sustained a loss on the entire Contract had it been completed, in which case the ten percent (10%) markup will not be included, and an appropriate adjustment will be made to reduce the amount due the Contractor in proportion to the rate of loss. 14.3.3 If the Owner terminates the Work or any portion thereof for convenience, the Owner shall pay the Contractor as follows: .1 An amount consistent with the terms of the Contract Documents for supplies, services, or property accepted by the Owner pursuant to subparagraph 14.4.1.6 (or sold or acquired pursuant to subparagraph 14.4.1.7) for which the Owner has not paid; mcg-ARC 2120.000 February 28, 2023