Orange County NC Website
Browse       Search
DocuSign Envelope ID:070B6BC7-CDE2-4AO8-BE62-07FA6BFDO53B <br /> 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES <br /> a. Owner and Contractor mutually waive any claim against each other for consequential <br /> damages. Consequential Damages include: <br /> i. Damages incurred by Owner for loss of use, income, financing, or business. <br /> ii. Damages incurred by Contractor for office expenses, including personnel, loss of <br /> financing, profit, income, business, damage to reputation, or any other non-direct <br /> damages. <br /> b. Liquidated damages shall be in accord with the Contract Documents. If the Contract <br /> Documents do not otherwise address liquidated damages, such damages shall be in the <br /> amount of five hundred dollars ($500.00)per day. <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 /> Revised 07/20 8 <br />