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DocuSign Envelope ID: 12DCC4E1-4D61-4DOE-A2A2-7C6E689613AC <br /> 45 <br /> prosecution of the Work out of the hands of the Contractor, to appropriate or use any or all <br /> materials and equipment at the Project as may be suitable and acceptable, and may enter into <br /> an agreement for the completion of the Work or pursue such other methods as in the Owner's <br /> opinion shall be necessary or appropriate for the completion of the Work in an acceptable <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 /> Revised 12/18 <br />