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The Contractor covenants and agrees that in the event suit is instituted by the Owner for any default on <br /> 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 in <br /> connection therewith. <br /> 5.4.2. Termination for Convenience <br /> Without prejudice to any other remedy it may have under law and/or the provisions of the Contract, the <br /> Owner may terminate this Contract for convenience, with or without cause, in whole or in part, at any time <br /> by giving written Notice to the Contractor. Termination will be effective upon receipt of such Notice by the <br /> Contractor. The Contractor shall immediately discontinue work and take all reasonable steps with its <br /> suppliers and subcontractors to minimize cancellation charges and other costs. <br /> In the event of termination for convenience, the Contractor shall be compensated as provided in section <br /> 9.2.3. Deleted Work. The Contractor will be entitled to no further payments whatsoever for the work. <br /> 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 remedies <br /> that may be appropriate. <br /> 5.4.3. Termination by Contractor after Suspension <br /> If the Work has been wholly suspended pursuant to section 5.3. Suspension Procedures for more than <br /> ninety(90)days as measured from the date of the Notice to suspend, then the Contractor may terminate <br /> this Contract by providing Owner with ten (10) days' Notice that the Contractor shall deem the Contract to <br /> be terminated if the Owner does not provide Contractor with Notice to resume work within those ten (10) <br /> days. Such termination shall be treated as a termination for the Owner's convenience pursuant to section <br /> 5.4.2. Termination for Convenience <br /> 5.4.4. Contractor Obligations upon Termination I <br /> On receipt of Notice of termination, the Contractor shall immediately discontinue the work but shall do <br /> such Extra Work as may be ordered by the Owner's Representative or Owner to safeguard the work then <br /> completed and the materials and Equipment then delivered to the site of the work and to leave the work in111 <br /> a safe and useful condition. Payment for this Extra Work will be made in accordance with section 9.2. <br /> Payment for Changes. <br /> 5.4.5. Ownership of Materials upon Termination I <br /> As of the termination date, whether effected by the Owner or Contractor as provided herein, all the <br /> Contractor's right, title, and interest in and to materials ordered by the Contractor prior to termination, <br /> whether or not they have been delivered to the site of work, shall be vested in the Owner, and the <br /> Contractor shall, upon demand of the Owner, execute and deliver to the Owner all requisite bills of sale, <br /> assignments, and other documents of transfer that may be necessary to give effect to the intention of the <br /> termination procedures set forth above. <br /> 5.4.6. Opportunity to Cure <br /> If the Contractor has not already had an opportunity to cure the default or breach the Owner shall specify <br /> the default or breach and a reasonable period of time to allow the Contractor to cure the default or I <br /> breach. The Notice of termination will state the time period in which cure is permitted and other <br /> conditions as the Owner, in its sole judgment, shall deem appropriate. If Contractor fails to remedy the <br /> breach or default or any of the terms, covenants, or conditions of this Contract to the Owner's satisfaction <br /> within the time period specified or the Owner shall have the right to terminate the Contract without any <br /> further obligation to the Contractor. Any such termination for default shall not in any way operate to <br /> preclude the Owner from also pursuing all available remedies against Contractor and its sureties for said <br /> breach or default. I <br /> EVERETT RIVERFRONT SURCHARGE GENERAL CONDITIONS <br /> PHASE 3 <br /> 00710-18 <br />