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16 <br /> a. Owner and Contractor mutually waive any claim against each other for consequential damages. <br /> 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, damage to reputation, or any other non-direct <br /> damages. <br /> b. Liquidated damages shall be in accord with the Request for Proposal and Addenda thereto. <br /> 17. TERMINATION OR SUSPENSION <br /> a. The Owner 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 Owner may determine. In the event <br /> of termination by the Owner under this Agreement, the Contractor shall be entitled to receive <br /> its reasonable and documented direct costs prior to termination, including the cost of materials <br /> purchased for the Work which purchases cannot be canceled or which material cannot <br /> reasonably be used by the Contractor on other work, and the cost of closing down the work in a <br /> safe and efficient manner. <br /> (i) If Owner orders a delay, suspension or interruption of the Work, and such order is not <br /> due to or as a result of any fault on the part of the Contractor, the Contractor may <br /> recover a per diem amount at a rate calculated by a flat rate of$200.00 per day. <br /> (ii) If Contractor elects to accept the amount listed in the General Conditions provision of <br /> the Construction Documents Contractor waives any right to further claims for payment <br /> of damages sustained as a result of Owner's order to delay, suspend or interrupt the <br /> Work. <br /> b. Owner may terminate this Agreement without penalty to Owner upon ten (10) working days <br /> written notice should the Contractor fail substantially to perform in accordance with the terms <br /> hereof through no fault of the Owner or if the Project in whole or substantial part is stopped for <br /> a period of one hundred twenty (120) consecutive days under an order of any court or other <br /> public authority having jurisdiction or as a result of an act of government. <br /> c. Owner may terminate this Agreement without penalty to Owner if the Contractor fails to <br /> complete the Work within the Contract Time. <br /> d. Contractor may terminate this Agreement 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 agents <br /> or employees, or a subcontractor or their agents or employees or any other person performing <br /> work pursuant to the Contract Documents. Contractor may terminate the Contract if a Court or <br /> other Public authority having jurisdiction enters a lawful order that requires all work to be <br /> stopped and such stoppage lasts for thirty (30) consecutive days. <br /> e. Neither Parry to this Agreement may terminate the Agreement without first giving the other <br /> Party ten (10) business days notice of the intent to terminate the Agreement measured from <br /> actual receipt of notice. If the grounds for termination stated within the written notice are <br /> removed or cured within ten (10) business days after receipt of notice, the Agreement may not <br /> be terminated for default based on the grounds stated in the notice. <br /> Revised November 2011 12 <br />