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3. After termination of the Contractor for default, the Owner may transfer performance of the Work to <br /> the Contractor's surety. The Owner may exclude the Contractor from the Site and take possession of <br /> the Work and all of the Contractor's tools, appliances, owned or rented construction equipment, and <br /> machinery at the Site and use the same to the full extent they could be used by the Contractor. The <br /> Owner may incorporate in the Work all materials and Equipment stored at the Site or for which the <br /> Owner has paid the Contractor,but which are not yet on Site. In such case,the Contractor will not be <br /> entitled to receive any further payment until the Work is finished. At the Owner's sole option, <br /> Contractor shall assign and transfer any contractual rights to material and Equipment to be installed, <br /> incorporated, or used in the performance of the Work. Owner shall credit Contractor for the <br /> reasonable fair market rental value of any and all Contractor owned equipment for so long as retained <br /> and used by the Owner. Owner shall credit Contractor for all materials and supplies on Site or on <br /> order, but not yet paid for by Owner, provided that ownership is transferred and assigned to the <br /> Owner and the materials and supplies conform to the requirements of the Contract Documents. <br /> 4. If the unpaid balance of the Contract Sum exceeds the direct and indirect cost of the completed Work, <br /> including construction management services, such excess shall be paid to the Contractor. If such <br /> costs exceed such unpaid balance, the Contractor shall pay the difference to the Owner. Such costs <br /> incurred by the Owner will be verified by the Owner's Representative and incorporated into a Change <br /> Order, but in finishing the Work, the Owner may negotiate for materials, Equipment and services to <br /> complete the Work and will not be 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 not affect <br /> any rights of the Owner against the Contractor then existing or which may thereafter accrue. Any <br /> retention or payment of monies due the Contractor by the Owner will not release the Contractor from <br /> liability. <br /> 6. If the Owner terminates this agreement for default, and it is thereafter determined that the Contractor <br /> had not so failed to perform its obligations or defaulted in any way, the termination shall then be <br /> deemed to have been made for the convenience of the Owner pursuant to 5.4.B Termination For <br /> Convenience. In that event, any adjustment of Contract Sum shall be in accordance with the General <br /> Conditions. <br /> 7. The Contractor covenants and agrees that in the event suit is instituted by the Owner for any default <br /> on 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 <br /> in connection therewith. <br /> B. Termination for Convenience <br /> I. Without prejudice to any other remedy it may have under law or and/or the provisions of the Contract, <br /> the Owner may terminate this Contract for convenience, with or without cause, in whole or in part, at <br /> any time by giving written notice to the Contractor. Termination will be effective upon receipt of <br /> such Notice by the Contractor. The Contractor shall immediately discontinue Work and take all <br /> reasonable steps with its suppliers and subcontractors to minimize cancellation charges and other <br /> costs. <br /> 2. In the event of termination for convenience, the Contractor shall be compensated as provided in <br /> 9.2.F.1. Deleted Work. The Contractor will be entitled to no further payments whatsoever for the <br /> Work. <br /> 3. 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 <br /> agreement to the contrary, a termination for the Owner's convenience shall not be deemed a waiver or <br /> release of any rights by the Owner nor shall the Owner be estopped from any legal or equitable <br /> remedies that may be appropriate. <br /> C. Termination by Contractor after Suspension <br /> 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL.CONDITIONS <br /> 00 72 13-24 Issue for Bid I <br />