Orange County NC Website
Browse       Search
Revised 12/18 8 <br />13. 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 />i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such <br />order is not due to or as a result of any fault on the part of the Contractor or any <br />subcontractor, the Contractor may recover a per diem amount of five hundred <br />dollars ($500.00) per day with a not-to-exceed limit of ten thousand dollars <br />($10,000.00). <br />ii. In the event of termination by the Owner under this Agreement, the Contractor <br />shall be entitled to receive its reasonable and documented direct costs prior to <br />termination, including the cost of materials purchased for the Work which <br />purchases cannot be canceled or which material cannot reasonably be used by the <br />Contractor on other work, and the cost of closing down the work in a safe and <br />efficient manner. <br />iii. If Owner elects to suspend or terminate the contract pursuant to subparagraphs <br />13.a.i. or 13 a.ii. the sole remedy available to the Contractor are those listed in the <br />subparagraphs and Contractor is not entitled to any right to further claims for any <br />amount owed or disputed or for payment of damages alleged to have been sustained <br />as a result of Owner’s order to delay, suspend, or interrupt the Work. <br />b. The Owner may, with cause, order the Contractor to suspend, delay or interrupt the Work <br />in whole or in part for such period of time as the cause remains. <br />i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such <br />order is due to or as a result of any fault on the part of the Contractor or any <br />subcontractor, the Owner may reduce payment at a per diem amount of five <br />hundred dollars ($500.00) per day. <br />c. Contractor may terminate the Contract if, at the Owner’s written direction, the Work is <br />stopped for twenty one (21) consecutive days through no act or fault of the Contractor, <br />their agents or employees, or a subcontractor or their agents or employees or any other <br />person performing work pursuant to the Contract Documents. Contractor may terminate <br />the Contract if a Court or other Public authority having jurisdiction enters a lawful order <br />that requires all work to be stopped and such stoppage lasts for twenty one (21) <br />consecutive days. <br />14. 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 />DocuSign Envelope ID: 24F27DF9-0CA1-4BD8-997B-2A7D23FADE38