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DocuSign Envelope ID: 72E7BD50- E5C5- 4BEA- B4AA- FCA907469BF8 <br />W <br />manner. All costs and charges incurred by the Owner in proceeding in accordance with the <br />preceding sentence, including attorney's fees, and all costs incurred by the Owner in completing <br />the Work shall be deducted from any money due or which becomes due the Contractor. If such <br />costs and expenses incurred by the Owner shall be less than the sum which would have been <br />payable under Contract Documents if it had been completed by the Contractor, then the <br />Contractor shall be entitled to receive the difference, but if such costs and expenses shall <br />exceed the sum which would have been payable under the Contract Documents, the Contractor <br />and the Contractor's surety shall be liable to the Owner for and shall pay to the Owner the <br />amount of such excess. <br />ARTICLE 34. TERMINATION OR SUSPENSION BY THE OWNER FOR CONVENIENCE <br />34.1 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 />34.2 If the Contractor is subsequently ordered by the Owner to resume the Work, any cost or <br />expenses to which the Contractor may be entitled by reason of the suspension, delay, or <br />interruption shall be recovered by means of a Change Order in accordance with Articles 13 and <br />14 hereof and the Contract Construction Schedule shall be adjusted in accordance with Article <br />13 hereof. <br />34.3 In the event of termination by the Owner under this Article, the Contractor shall be entitled <br />to receive the reasonable and documented direct costs incurred prior to termination, including <br />the cost of materials purchased for the Work which purchases cannot be canceled or which <br />material cannot reasonably be used by the Contractor on other work, and the cost of closing <br />down the Project in a safe and efficient manner, plus ten percent (10 %) thereof for overhead <br />and profit, subject to the following conditions: <br />a) When the Contract is terminated before completion of all items of Work, payment shall be <br />made for the actual number of units or items of Work completed at the applicable contract <br />prices, or as mutually agreed for items of Work partially complete. If a mutual agreement cannot <br />be reached, the Owner shall have the authority to make such equitable adjustment as it deems <br />warranted and the Final Payment shall be made accordingly. <br />b) Reimbursement for organization of any Work and moving equipment to and from the job shall <br />be considered when not otherwise provided for in the Contract Documents where the volume of <br />completed Work is too small to compensate the Contractor for those expenses under unit <br />prices. If a mutual agreement cannot be reached, the Owner will have the authority to make <br />such equitable adjustments as it deems warranted and the Final Payment will be made <br />accordingly. <br />c) Materials obtained by the Contractor for the Work that have been inspected and accepted by <br />the Designer and that are not incorporated in the Work shall, at the request of the Contractor, be <br />purchased from the Contractor at the Contractor's actual cost as shown by receipted bills and <br />actual costs records at such points of delivery as may be determined by the Owner. <br />d) No payment shall be made by Owner to Contractor except as herein above provided. No <br />claim for loss of anticipated profits shall be considered or allowed. <br />Revised 10/17 <br />