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34.1 The CM may, without cause, order the Contractor to terminate, suspend, delay, or interrupt <br />the Work in whole or in part for such period of time as the CM may determine. <br />34.2 If the Contractor is subsequently ordered by the CM to resume the Work, any cost or <br />expenses to which the Contractor may be entitled by reason of the suspension, delay, or <br />interruption shall be recoveredlby means of a Change Order in accordance with Articles 13 <br />and 14 of these General Conditions and the Contractor's Construction Schedule and the <br />Master Schedule shall be adjusted in accordance with Article 13 of these General <br />Conditions. <br />34.3 The CM shall terminate the Work or portion thereof by written notice when the Contractor is <br />prevented from proceeding with the Work as a direct result of an executive order of the <br />President with respect to the prosecution of war or in the interest of national defense. <br />34.4 In the event of termination by the CM under this Article, the Contractor shall be entitled to <br />receive the reasonable and documented direct costs, incurred prior to termination, including <br />the cost of materials purchased for the Work which. purchases cannot be canceled or which <br />material cannot reasonably be used by the Contractor on other work, and the cost of <br />demobilizing at the Project site in a safe and efficient manner, plus ten percent (10%) <br />thereof for overhead and profit, subject to the following conditions: <br />a) When the Contract is terminated before completion of all items of Work, payment <br />shall be made for the actual number of units or items of Work completed at the <br />applicable contract prices, or as mutually agreed for items of Work partially <br />complete. If a mutual agreement cannot be reached, the CM shall have the <br />authority to make such equitable adjustment as it deems warranted and the Final <br />Payment shall be made accordingly. <br />b) Reimbursement for organization of any Work and moving equipment to and from <br />the job shall be considered when not otherwise provided for in the Contract <br />Documents where the volume of .completed Work is too small to compensate the <br />Contractor for those expenses under unit prices. If a mutual agreement cannot be <br />reached, the CM will have the authority to make such equitable adjustment as it <br />deems warranted and the Final Payment will be made accordingly. <br />c) Materials obtained by the Contractor for the Work that have been inspected and <br />accepted by the Designer and that are not incorporated in the Work shall, at the <br />request of the Contractor, be purchased from the Contractor at the Contractor's <br />actual cost as shown by receipted bills and actual costs records at such points of <br />delivery as may be determined by the CM. <br />d) No payment shall be made by the CM to the Contractor except as herein above <br />provided. No claim for loss of anticipated profits shall be considered or allowed. <br />e) Termination of the Contract shall not relieve the Contractor of its responsibilities for <br />any completed portion of the Work nor shall it relieve its sureties of their obligation <br />for and concerning any just claims arising out of the Work performed. <br />f) In the event the Contractor has performed defective Work which Contractor does <br />not correct prior to demobilizing, the CM shall be authorized to withhold the cost of <br />correction as estimated by the CM in good faith. <br />In the event of termination or suspension by the CM for convenience, the Contractor shall <br />not be entitled to any other compensation, including compensation for lost profit, lost <br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 42 of 43 JUNE 2007 EDITION <br />