Agenda - 02-19-2008-4j1 - Laserfiche WebLink

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hands of the Contractor, to appropriate or use any or all materials and equipment at the Project as may be suitable and acceptable, and may enter into an agreement for the completion of the Work or pursue such other methods as in the CMAR's sole discretion and opinion shall be necessary or appropriate for the completion of the Work in an acceptable manner. All costs and charges incurred by the CMAR in proceeding in accordance with the preceding sentence, including attorney's fees, and all costs incurred by the CMAR in completing the Work shall be deducted from any amount due or which becomes due the Contractor. If such costs and expenses incurred by the CMAR shall be less than the sum which would have been payable under Contract Documents if it had been completed by the Contractor, then the Contractor shall be entitled to receive the difference, but if such costs and expenses shall exceed the sum which would have been payable under the Contract Documents, the Contractor and the Contractor's surety or sureties shall be liable to the CMAR for and shall pay to the CMAR the amount of such excess. 33.2 If the CMAR terminates the Agreement pursuant to this Article 33 and later it is determined that the Contractor had not substantially failed to perform in accordance with the terms of this Article, then the termination will be considered a termination for convenience under Article 34. ARTICLE 34. TERMINATION OR SUSPENSION BY THE CMAR FOR CONVENIENCE 34.1 The CMAR may, without cause, order the Contractor to terminate, suspend, delay, or interrupt the Work in whole or in part for.such period of time as the CMAR may determine. 34.2 If the Contractor is subsequently ordered by the CMAR to resume the Work, any cost or expenses to which the Contractor may be entitled by reason of the suspension, delay, or interruption shall be recovered by means of a Change Order in accordance with Articles 13 and 14 of these General Conditions and the Contractor's Construction Schedule and the Master Schedule shall be adjusted in accordance with Article 13 of these General Conditions. 34.3 The CMAR shall terminate the Work or portion thereof by written notice when the Contractor is prevented from proceeding with the Work as a direct result of an executive order of the President with respect to the prosecution of war or in the interest of national defense. 34.4 In the event of termination by the CMAR under this Article, the Contractor shall be entitled to receive the reasonable and documented direct costs incurred prior to termination, including the cost of materials purchased for the Work which purchases cannot be canceled or which material cannot reasonably be used by the Contractor on other work, and the cost of closing down the Project in a safe and efficient manner, plus ten percent (10%) thereof for overhead and profit, subject to the following conditions: a) When the Contract is terminated before completion of all items *of Work, payment shall be made for the actual number of units or items of Work completed at the applicable contract prices, or as mutually agreed for items of Work partially complete. If a mutual agreement cannot be reached, the CMAR shall have the authority to make such equitable adjustment as it deems warranted and the Final Payment shall be made accordingly. b) Reimbursement for organization of any Work and moving equipment to and from the job shall be considered when not otherwise provided for in the Contract Documents where the volume of completed Work is too small to compensate the Contractor for those expenses under unit prices. If a mutual agreement cannot be GENERAL CONDITIONS FOR CM AT RISK PROJECT 41 of 42 JUNE 2007 EDITION