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City of Everett 00 72 00 - 22 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 72 00 - 22 GENERAL CONDITIONS <br />The Contractor covenants and agrees that in the event suit is instituted by the Owner for any default on <br />the part of the Contractor and the Contractor is adjudged by court of competent jurisdiction to be in <br />default, the Contractor shall pay to the Owner all costs, expenses expended or incurred by the Owner in <br />connection therewith. <br />In exercising the Owner’s right to prosecute the Physical Completion of the Work, the Owner shall have <br />the right to exercise its sole discretion as to the manner, method, and reasonableness of the costs of <br />completing the Work. In the event that the Owner takes Bids for remedial Work or Physical Completion <br />of the project, the Contractor shall not be eligible for the Award of such Contracts. <br />5.4.2. Termination for Convenience <br />Without prejudice to any other remedy it may have under law or and/or the provisions of the Contract, the <br />Owner may terminate this Contract for convenience, with or without cause, in whole or in part, at any <br />time by giving written notice to the Contractor. Termination will be effective upon receipt of such Notice <br />by the Contractor. The Contractor shall immediately discontinue Work and take all reasonable steps with <br />its suppliers and subcontractors to minimize cancellation charges and other costs. <br />In the event of termination for convenience, the Contractor shall be compensated as provided in 9.2.3. <br />Deleted Work. The Contractor will be entitled to no further payments whatsoever for the Work. <br />In the event of a breach or default by the Contractor, Owner may, at its sole option, terminate this <br />Contract in whole or in part for convenience as provided herein. The Owner may pursue any and all <br />contractual, legal and equitable remedies for such breach or default. Absent an express written agreement <br />to the contrary, a termination for the Owner’s convenience shall not be deemed a waiver or release of any <br />rights by the Owner nor shall the Owner be estopped from any legal or equitable remedies that may be <br />appropriate. <br />5.4.3. Termination by Contractor after Suspension <br />If the Work has been wholly suspended pursuant to 5.3. Suspension Procedures for more than ninety <br />(90) days as measured from the date of the notice to suspend, then the Contractor may terminate this <br />Contract by providing Owner with ten (10) days’ Notice that the Contractor shall deem the Contract to be <br />terminated if the Owner does not provide Contractor with notice to resume Work within those ten (10) <br />days. Such termination shall be treated as a termination for the Owner’s convenience pursuant to 5.4.2. <br />Termination for Convenience. <br />5.4.4. Contractor Obligations upon Termination <br />On receipt of notice of termination, the Contractor shall immediately discontinue the Work but shall do <br />such Extra Work as may be ordered by the Owner’s Representative or Owner to safeguard the Work then <br />completed and the materials and Equipment then delivered to the Site of the Work and to leave the Work <br />in a safe and useful condition. Payment for this Extra Work will be made in accordance with 9.2. <br />PAYMENT FOR CHANGES. <br />5.4.5. Ownership of Materials upon Termination <br />As of the termination date, whether effected by the Owner or Contractor as provided herein, all the <br />Contractor's right, title, and interest in and to materials ordered by the Contractor prior to termination, <br />whether or not they have been delivered to the Site of Work, shall be vested in the Owner, and the <br />Contractor shall, upon demand of the Owner, execute and deliver to the Owner all requisite bills of sale, <br />assignments, and other documents of transfer that may be necessary to give effect to the intention of the <br />termination procedures set forth above.