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including the cost of materials purchased for the Work which purchases cannot be canceled <br />or which material cannot reasonably be used by the. Contractor on other work, and the cost <br />of closing down the work in a safe and efficient manner. <br />i. If Owner orders a delay, suspension or interruption of the Work, and such order is <br />not due to or as a result of any fault on the part of the Contractor, the Contractor <br />may recover a per diem amount at a rate calculated by dividing the Contract <br />General Conditions amount found in the Schedule of Values by the project duration <br />of 160 days. <br />ii. If Contractor elects to accept the amount listed in the General Conditions provision <br />of the Construction Documents Contractor waives any right to further claims for <br />payment of damages sustained as a result of Owner's order to delay, suspend or <br />interrupt the Work. <br />b. Contractor may terminate the Contract if, at the Owner's written direction, the Work is <br />stopped for thirty (30) consecutive days through no act or fault of the Contractor, their <br />agents or employees, or a subcontractor or their agents or employees or any other person <br />performing work pursuant to the Contract Documents. Contractor may terminate the <br />Contract if a Court or other Public authority having jurisdiction enters a lawful order that <br />requires all work to be stopped and such stoppage lasts for thirty (30) consecutive days. <br />14. ENTIRE AGREEMENT <br />All of the documents listed, referenced or described in this Agreement, the written Notice-to- <br />Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents, <br />and the work, labor, materials and completed construction required by the Contract Documents and all <br />parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and <br />Contractor. This Agreement may be amended only by written instrument signed by both parties. <br />Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be <br />declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. <br />IN WITNESS WHEREOF, the Parties hereto have executed this, Agreement as of the day and <br />date first above written in a number of counterparts, each of which shall, without proof or accounting for <br />other counterparts, be deemed an original contract. <br />l <br />ORANGE COUNTY ,-yONTRACTOR <br />Signature Signature <br />Bernadette Pelissier, Chair <br />Orange County Board of Commissioners <br />Peter Upchurch, Vice President <br />Printed Name and Title <br />Attest: <br />Donna Baker, Jerk to the Board <br />Revised December 2010 <br />