A-1 Landscaping and Construction, Inc. 7/20/2016

I 1 to the Contractor. If such costs exceed such unpaid balance, the Contractor shall pay I 2 the difference to the Owner. Such costs incurred by the Owner will be verified by the 3 Owner's Representative and incorporated into a Change Order, but in finishing the work, 4 the Owner may negotiate for materials, Equipment and services to complete the work I 5 and will not be required to obtain the lowest figure for work performed. 6 7 Where the Contractor services have been so terminated by the Owner, the termination I 8 9 shall not affect any rights of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies due the Contractor by the Owner 10 will not release the Contractor from liability. 11 12 If the Owner terminates this agreement for default, and it is thereafter determined that 13 the Contractor had not so failed to perform its obligations or defaulted in any way, the 14 termination shall then be deemed to have been made for the convenience of the Owner I 15 pursuant to section 1-08.10(2) Termination for Public Convenience In that event, any 16 adjustment of Contract Sum shall be in accordance with the Contract Documents. 17 I18 The Contractor covenants and agrees that in the event suit is instituted by the Owner for 19 any default on the part of the Contractor and the Contractor is adjudged by court of 20 competent jurisdiction to be in default, the Contractor shall pay to the Owner all costs, I 21 expenses expended or incurred by the Owner in connection therewith. 22 23 1-08.10(2) Termination for Public Convenience I 24 25 Section 1-08.10(2) is modified to read as follows: 26 I 27 28 Without prejudice to any other remedy it may have under law and/or the provisions of the Contract, the Owner may terminate this Contract for convenience, with or without cause, 29 in whole or in part, at any time by giving written Notice to the Contractor. Termination I30 will be effective upon receipt of such Notice by the Contractor. The Contractor shall 31 immediately discontinue work and take all reasonable steps with its suppliers and 32 subcontractors to minimize cancellation charges and other costs. 33 I 34 In the event of termination for convenience, the Contractor shall be compensated as 35 provided in section 1-09.5 Deleted or Terminated Work. The Contractor will be entitled to 36 no further payments whatsoever for the work. I 37 38 In the event of a breach or default by the Contractor, Owner may, at its sole option, 39 terminate this Contract in whole or in part for convenience as provided herein. The I 40 Owner may pursue any and all contractual, legal and equitable remedies for such breach 41 or default. Absent an express written agreement to the contrary, a termination for the 42 Owner's convenience shall not be deemed a waiver or release of any rights by the I 43 44 Owner nor shall the Owner be estopped from any legal or equitable remedies that may be appropriate. 45 46 1-08.10(6) Termination by Contractor after Suspension I47 48 If the Work has been wholly suspended pursuant to section 1-08.6 Suspension of Work 49 for more than ninety (90) days as measured from the date of the Notice to suspend, then I 50 the Contractor may terminate this Contract by providing Owner with ten (10) days' Notice 51 that the Contractor shall deem the Contract to be terminated if the Owner does not 52 provide Contractor with Notice to resume work within those ten (10) days. Such 1 I RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 69