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hands of the Contractor, to ' <br />Project as may be suitable and - acceptable, and may enter into an agreement for the <br />completion of the Work or pursue such other methods as in the CMARs sole discretion and <br />opinion shall be' necessary or appropriate.for the compjetion of the Work in an acceptable <br />manner. All 'costs and charges incurred by the CMAR in proceeding in accordance with the <br />preceding sentence, including *.attorney's fees, and',all costs incurred by the CMAR in <br />completing the Work shall be deducted from any amount. due or -which becomes due the <br />Contractor. If such costs andexpenses incurred by the CMAR shall be less than the sum <br />which would have been payable under Contract Documents if it had been completed by the <br />Contractor, then,the Contractor shall be entitled to receive the difference, but if such costs <br />and expenses shall exceed the sum which would have been payable under the Contract <br />Documents, the Contractor and the Contractors surety' or sureties shall be liable to the <br />CMAR for and shall pay to the CMAR the amount of such excess. <br />33.2 If the CMARternlinabea the to this Article 33 and later it is determined <br />that the Contractor had not substantially failed to perform in accordance with the'tor0e of <br />this Artic|e, then the termination will be considered a termination for convenience under <br />Article 34. <br />ARTICLE 34. TERMINATION OR SUSPENSION BY THE CA8ARFOR CONVENIENCE <br />84.1 The CMAR [noy, without cause, order the Contractor' to terminate, . or <br />interrupt the Work in whole or in part for such period of time as the CMAR may determine. <br />34.2 If the Contractor' is ordared'bv the CK4ARto resume the Work, cost or <br />expenses to which the Contractor may be entitled by reason of the suspension, delay, or <br />interruption shall be recovered by 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 />34.3 The CMAR ohoU terminate the Work or portion thereof by written notice when the <br />Contractor is prevented from proceeding with the Work aa o direct result of an executive <br />order of the President with respect to the prosecution of war or in the interest of national <br />34.4 |n the event of termination by the CMAR under this Article, the Contractor shall beentitled <br />to receive the reasonable and documented direct costs incurred prior to termination, , <br />including the coot of'mateha|e purchased ' for the Work which purchases cannot be <br />canceled or which material cannot reasonably be used by the Contractor on other work, <br />and the coat of o{oo|nQ down the Project in a safe and effin(ent manner, plus ten percent <br />(1OY6) thereof for overhead and profit, subject to the following conditions: <br />� <br />�h� �� <br />-, terminated before completion of all items of Work, payment <br />shall be nnoda for the actual number of units or ih*nna of Work completed et the <br />applicable contract phcea, or as mutually agreed for items of VVodx partially <br />complete. If mutual agreement cannot be reached, the CK8/\RohoU 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 wh ' en' not otherwise provided for in the Contract <br />Documents where the ^~'~"'" of completed ","`~ is "^" smallx to compensate u*` <br />Contractor-for those expenses under unit prices. If a mutual agreement cannot be* <br />GENERAL CONDITIONS FOR CM AT RISK 41-of 42 JUNE 2007. EDITION <br />