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may negotiate for materials, Equipment and services to complete the Work and will not be <br /> required to obtain the lowest figure for Work performed. <br /> 5. Where the Contractor services have been so terminated by the Owner, the termination shall <br /> not affect any rights of the Owner against the Contractor then existing or which may <br /> thereafter accrue. Any retention or payment of monies due the Contractor by the Owner will <br /> not release the Contractor from liability. <br /> 6. If the Owner terminates this agreement for default, and it is thereafter determined that the <br /> Contractor had not so failed to perform its obligations or defaulted in any way, the <br /> termination shall then be deemed to have been made for the convenience of the Owner <br /> pursuant to 5.B Termination For Convenience. In that event, any adjustment of Contract <br /> Sum shall be in accordance with the General Conditions. <br /> 7. The Contractor covenants and agrees that in the event suit is instituted by the Owner for any <br /> default on the part of the Contractor and the Contractor is adjudged by court of competent <br /> jurisdiction to be in default, the Contractor shall pay to the Owner all costs, expenses <br /> expended or incurred by the Owner in connection therewith. <br /> B. Termination for Convenience <br /> 1. Without prejudice to any other remedy it may have under law or and/or the provisions of the <br /> Contract, the Owner may terminate this Contract for convenience, with or without cause, in <br /> whole or in part, at any time by giving written notice to the Contractor. Termination will be <br /> effective upon receipt of such Notice by the Contractor. The Contractor shall immediately <br /> discontinue Work and take all reasonable steps with its suppliers and subcontractors to <br /> minimize cancellation charges and other costs. <br /> 2. In the event of termination for convenience,the Contractor shall be compensated as provided <br /> in 9.2.3. Deleted Work. The Contractor will be entitled to no further payments whatsoever <br /> for the Work. <br /> 3. In the event of a breach or default by the Contractor, Owner may, at its sole option, <br /> terminate this Contract in whole or in part for convenience as provided herein. The Owner <br /> may pursue any and all contractual, legal and equitable remedies for such breach or default. <br /> Absent an express written agreement to the contrary, a termination for the Owner's <br /> convenience shall not be deemed a waiver or release of any rights by the Owner nor shall the <br /> Owner be estopped from any legal or equitable remedies that may be appropriate. <br /> C. Termination by Contractor after Suspension <br /> 1. If the Work has been wholly suspended pursuant to 5.3. Suspension Procedures for more <br /> than ninety(90) days as measured from the date of the notice to suspend, then the Contractor <br /> may terminate this Contract by providing Owner with ten (10) days' Notice that the <br /> Contractor shall deem the Contract to be terminated if the Owner does not provide <br /> Contractor with notice to resume Work within those ten(10) days. Such termination shall be <br /> treated as a termination for the Owner's convenience pursuant to 5.4.B Termination for <br /> Convenience. <br /> D. Contractor Obligations upon Termination <br /> 1. On receipt of notice of termination, the Contractor shall immediately discontinue the Work <br /> but shall do such Extra Work as may be ordered by the Owner's Representative or Owner to <br /> safeguard the Work then completed and the materials and Equipment then delivered to the <br /> WFP Operations Building Seismic Retrofit-Rebid January 6, 2017 <br /> WO#UP3600 007213 -26 <br />