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I <br /> I <br /> I 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 costs <br /> exceed such unpaid balance,the Contractor shall pay the difference to the Owner. Such costs incurred by <br /> the Owner will be verified by the Owner's Representative and incorporated into a Change Order,but in <br /> I finishing the Work,the Owner may negotiate for materials, Equipment and services to complete the Work <br /> and will not be required to obtain the lowest figure for Work performed. <br /> Where the Contractor services have been so terminated by the Owner,the termination shall not affect any <br /> I rights of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or <br /> payment of monies due the Contractor by the Owner will not release the Contractor from liability. <br /> If the Owner terminates this agreement for default,and it is thereafter determined that the Contractor had <br /> I not so failed to perform its obligations or defaulted in any way,the termination shall then be deemed to <br /> have been made for the convenience of the Owner pursuant to 5.4.2 Termination For Convenience. In <br /> that event,any adjustment of Contract Sum shall be in accordance with the General Conditions. <br /> I 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 /> I connection therewith. <br /> 5.4.2. Termination for Convenience <br /> Without prejudice to any other remedy it may have under law or and/or the provisions of the Contract,the <br /> I Owner may terminate this Contract for convenience,with or without cause, in whole or in part, at any <br /> time by giving written notice to the Contractor. Termination will be effective upon receipt of such Notice <br /> by the Contractor. The Contractor shall immediately discontinue Work and take all reasonable steps with <br /> I its 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 9.2.3. <br /> Deleted Work.The Contractor will be entitled to no further payments whatsoever for the Work. <br /> I 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 agreement <br /> I to the contrary,a termination for the Owner's convenience shall not be deemed a waiver or release of any <br /> rights by the Owner nor shall the Owner be estopped from any legal or equitable remedies that may be <br /> appropriate. <br /> I 5.4.3. Termination by Contractor after Suspension <br /> If the Work has been wholly suspended pursuant to 5.3. Suspension Procedures for more than ninety <br /> (90)days as measured from the date of the notice to suspend,then the Contractor may terminate this <br /> I Contract by providing Owner with ten(10)days' Notice that the Contractor shall deem the Contract to be <br /> 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 5.4.2. <br /> I Termination for Convenience. <br /> 5.4.4. Contractor Obligations upon Termination <br /> On receipt of notice of termination,the Contractor shall immediately discontinue the Work but shall do <br /> I 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 <br /> in a safe and useful condition. Payment for this Extra Work will be made in accordance with 9.2. <br /> I PAYMENT FOR CHANGES. <br /> 5.4.5. Ownership of Materials upon Termination <br /> As of the termination date,whether effected by the Owner or Contractor as provided herein, all the <br /> IContractor's right,title,and interest in and to materials ordered by the Contractor prior to termination, <br /> - General Conditions—007200-19 <br />