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<br />Revised 07/20 <br /> 8 <br />l. In the event of a breach by Contractor Owner has sole authority to determine the <br />reasonableness of Contractor’s actions to remedy such breach or complete the performance <br />of its obligations. <br /> <br />m. Upon request of the Owner, the Contractor shall submit to County all relevant <br />documentation, including but not limited to, job cost records, to support its claims for final <br />compensation and if such request is made final compensation shall not be due until all <br />relevant documentation is received, reviewed, and approved by Owner. <br /> <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 /> <br />i. Damages incurred by Owner for loss of use, income, financing, or business. <br /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <br />DocuSign Envelope ID: CC55499E-235C-4913-964B-2D4FBDF0D5A1