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Revised 01/24 8 <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 incurred prior <br />to the date Owner mails the notice of termination, including the cost of materials <br />purchased for the Work, but only if such purchases cannot be canceled, or materials <br />returned, or which material cannot reasonably be used by the Contractor on other <br />work, and the cost of closing down the work in a safe and 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 said <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 for the full duration of the delay, suspension, or <br />interruption. <br />c. Contractor may terminate the Contract if, at the Owner’s written direction, the Work is <br />stopped for thirty (30) consecutive days through no act or fault of the Contractor, their <br />DocuSign Envelope ID: 522A1F12-59F9-4879-B1FB-8D4C2E51F8DE