Agenda - 12-11-2007-4lxtr - Laserfiche WebLink

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hands of the Contractor, to appropriate or use any ar all materials and equipment at the Project as~ may be suitable and acceptable, and may enter into an agreement far 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. A!4 costs and charges incurred by the CMAR in proceeding in accordance with the preceding sentence, including attorney's fees, and ail casts incurred by the CMAR in completing the Work shall be deducted from any amount due ar 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 "sf 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 fhe•Contraetor`s surety ar sureties shat! be liable to the CMAR far 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 'rt is determined that the-Contractor had not substantiagy failed to perform in accordance with the terms of this Article, then the termination wilt be considered a termination for convenience under Article 34. ARTICLE 34. TERMtNAT14N OR SUSt'ENSlON BY'IHE CMAR F4R GONVENiENCE 34. t The CMAR may, without cause, order the Contractor to terminate, suspend, decay, or interrupt the Wark 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 ar expenses to which the Contractor may he 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 Gand(tions and the Contractor's Construction Schedule and the • Master Schedule shall be adjusted in accordanae with Article 73 of these General Conditions. 34.3 The CMAR shall terminate the Work or portion thereof by wri#ten 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 ieasanable and documented direct costs incurred prior to terrninatian, including the cost of materials purchased for the Work which purchases cannot be canceled ar which material cannot reasonably be used by the Contractor on other work, and the cast of ciasing down the Project 1n a safe and efficient manner, plus ten percent {t tl%} thereof far overhead and profit, subject to the following conditions: a} When the Contract is terminated before completion of alt items of Work, payment shall be made for the actual number of units or items of Wark completed at the applicable contract prices, or as mutually agreed for items of Wark partially complete. if a mutual agreement cannot be reached, the•CMAR shall have the aukhvrify to make such equitable adjustment as it deems warranted and the Pinal Payment shall be made accordingly. b} Reimbursement for organization of arty Wark and moving equipment to and from the job shall be considered when not otherwise provided far in the Contract Documents where the volume of completed Work is too small to compensate the Contractor for those expenses under unit prices. tf a mutual agreement cannot be GENERAL CONCiTIONS FUR CM AT RISK PROJECT 41 of 42 JUNE 2007 EDtT10N