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expense borne 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 /> 13. 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 /> 14. 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 Section 14(a)(i) above, <br /> Contractor waives any right to further claims for payment of damages sustained as <br /> a result of Owner's order to delay, suspend or 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 /> 15. 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 /> Revised December 2010 8 <br />