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11 <br />c. The Work shall be tested and - inspected as required by the Contract Documents and as <br />required by law. Unless prohibited by law .the costs of all such tests and inspections <br />related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, <br />Mechanical -and Building -Codes shall be borne by the Contractor. The-costs for material <br />and structural -testing shall be conducted by an independent third parry at the expense of the <br />Owner. Delays related to any of the aforementioned tests and inspections shall not be <br />grounds for delaying the completion of the work. If any such tests and inspections reveal <br />deficiencies in the Work such that the Work does not comply with terms or requirements <br />of the Contract Documents and/or the requirements of any code or law the Contractor is <br />solely responsible for the cost-of bringing such deficiencies into compliance with the terms <br />of the Contract Documents and/or, any code or law. <br />d. Should the Architect; if -an architect is retained for the- project involving the Work, or <br />Owner reject any portion of the Work for failing to comply with the -Contract Documents <br />Contractor shall immediately, at Contractor's expense, . correct the' Work. Any such <br />rejection may be made before or after substantial completion. If applicable, any additional <br />expense bome by the Architect under this- section shall be paid at Contractor's expense. <br />e. The Contractor shall- not assign any portion of this Agreement nor subcontract the Work in <br />its entirety without the prior written- consent of the Owner. <br />12. CONSEQUENTIAL AND LIQUIDATED DAMAGES <br />a. Owner and Contractor mutually waive any claim against each other for consequential <br />damages. Consequential Damages include: <br />i. Damages incurred by Owner for loss of use, income, financing, or business. <br />ii. Damages incurred by Contractor for office expenses, including personnel, loss of <br />financing, profit, income, business or damage to reputation. <br />b. Liquidated damages shall be in accord with the Contract Documents. <br />13. TERMINATION OR SUSPENSION <br />a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or <br />interrupt the Work in whole or in part for such period of time as the Owner may determine. <br />In the event of termination by the Owner under this Agreement, the Contractor shall be <br />entitled to receive its reasonable and documented direct costs prior to termination, <br />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 a flat rate of $200 per day. <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 />Revised December 2010 7 <br />