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

1 termination shall be treated as a termination for the Owner's convenience pursuant to 2 section 1-08.10(2) Termination for Public Convenience 3 4 1-08.10(7) Contractor Obligations upon Termination 5 6 On receipt of Notice of termination, the Contractor shall immediately discontinue the 7 work but shall do such Extra Work as may be ordered by the Owner's Representative or 8 Owner to safeguard the work then completed and the materials and Equipment then 9 delivered to the site of the work and to leave the work in a safe and useful condition. 10 Payment for this Extra Work will be made in accordance with section 1-09.4 11 Equitable Adjustment. 12 13 1-08.10(8) Ownership of Materials upon Termination 14 15 As of the termination date, whether effected by the Owner or Contractor as provided 16 herein, all the Contractor's right, title, and interest in and to materials ordered by the 17 Contractor prior to termination, whether or not they have been delivered to the site of 18 work, shall be vested in the Owner, and the Contractor shall, upon demand of the 19 Owner, execute and deliver to the Owner all requisite bills of sale, assignments, and 20 other documents of transfer that may be necessary to give effect to the intention of the 21 termination procedures set forth above. 22 23 1-08.10(9) Opportunity to Cure 24 25 If the Contractor has not already had an opportunity to cure the default or breach the 26 Owner shall specify the default or breach and a reasonable period of time to allow the 27 Contractor to cure the default or breach. The Notice of termination will state the time 28 period in which cure is permitted and other conditions as the Owner, in its sole judgment, 29 shall deem appropriate. If Contractor fails to remedy the breach or default or any of the 30 terms, covenants, or conditions of this Contract to the Owner's satisfaction within the 11131 time period specified or the Owner shall have the right to terminate the Contract without 32 any further obligation i� to the ..Or .�Tactor. Any such termination� for default shall not in any 33 way operate to preclude the Owner from also pursuing all available remedies against 34 Contractor and its sureties for said breach or default. 35 36 1-08.10(10) Waiver of Remedies for Any Breach 37 38 In the event that the Owner elects to waive its remedies for any breach by Contractor or 39 any covenant, term or condition of this Contract, such waiver by the Owner shall not limit 40 the Owner's remedies for any succeeding breach of that or of any other term covenant, , 41 or condition of this Contract. 42 1-08.10(11) Possession and Use of Completed Portions of the Work 43 44 The Owner shall have the right to take possession of and use completed or partially 45 completed portions of the work even though the time for completing the work for such 46 portions may not have expired. Operations and maintenance costs of use of such work 47 will be borne by the Owner. Such possession and use shall not be deemed as 48 acceptance of the work. If such prior possession or use increases the cost of the work, 49 the Contractor may be entitled to request extra compensation by giving Notice and 50 following the procedures of section 1-04.5 Procedure and Protest by the Contractor and 51 section 1-09.11 Disputes and Claims within five (5) days of each occurrence. The 52 Contractor shall not submit a Contract Claim for possession by the Owner of portions of RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 70