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, 4• - Preconstruction Services Contract <br /> General Contractor/Construction Manager Services for <br /> EVFRElT Water Pollution Control Facility Expansion <br /> ansion <br /> -- . <br /> Phase Cl (Liquid Stream), Phase C2(Solids Handling) <br /> • <br /> provided, that, insofar as practicable, the GC/CM will be given: <br /> (1) not less than 10 calendar days written notice delivered by <br /> certified mail, return receipt requested, of intent to terminate and <br /> the contractual basis thereof; and, (2) an opportunity for <br /> consultation with the Owner before termination. An opportunity <br /> for consultation shall not mean the GC/CM can prohibit the <br /> Owner's termination of the Contract. <br /> 2. If the Owner terminates for default on the part of the GC/CM, <br /> the Owner shall determine the amount of work satisfactorily <br /> completed to the date of termination and the.amount owing to <br /> the GC/CM; provided, that (1) no amount shall be allowed for <br /> anticipated profit on unperformed services or other work and (2) <br /> any payment due to the GC/CM at the time of termination may <br /> be adjusted to the extent of any additional costs the Owner <br /> incurs because of the GC/CM's default. This provision shall not <br /> preclude the Owner from filing claims and/or commencing <br /> litigation to secure compensation for damages incurred beyond <br /> that covered by letter of credit or other withheld payments. <br /> B. Termination for Convenience <br /> 1. In addition to termination under Paragraph A of this Section, the <br /> Owner may terminate this Contract, in whole or in part, in <br /> writing, for its convenience and/or lack of appropriations. <br /> 2. If the Owner terminates for convenience, the Owner will pay the <br /> direct costs for Preconstruction Services satisfactorily performed <br /> to the date of termination. No other termination expenses or <br /> compensation shall be owed to GC/CM, including no lost profit <br /> on unperformed work. <br /> C. Upon receipt of a termination notice under Paragraphs A or B above, <br /> the GC/CM shall (1) promptly discontinue all services affected (unless <br /> the notice directs otherwise), and (2) promptly deliver or otherwise <br /> make available to the Owner all data, drawings, specifications, <br /> calculations, reports, budgets, quotes, takeoffs, schedules, estimates, <br /> summaries, such other information and materials as the GC/CM, <br /> subcontractors, or sub-consultants may have acquired, developed or <br /> accumulated in performing this Contract, whether completed or in <br /> City of Everett Page 10 of 13 October 3, 2012 <br /> Water Pollution Control Facility Expansion • <br /> 42 <br />