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Orange County West Campus Office Building -HVAC <br />PDC Project 23020 GENERAL CONDITIONS (INFORMAL <br />PROJECT)00 72 00 - 11 <br />PERFORMANCE OF THIS CONTRACT IN THE MANNER AND WITHIN THE TIME FRAME SPECIFIED.IN <br />THE EVENT THE CONTRACTOR,OR THE SURETY (IF APPLICABLE)SHALL FAIL TO TAKE OVER THE <br />WORK TO BE DONE UNDER THIS CONTRACT WITHIN SEVEN (7)DAYS AFTER BEING SO NOTIFIED <br />AND NOTIFY THE OWNER IN WRITING,SENT BY CERTIFIED MAIL,RETURN RECEIPT REQUESTED, <br />THAT HE IS TAKING THE SAME OVER AND STATING THAT HE WILL DILIGENTLY PURSUE AND <br />COMPLETE THE SAME,THE OWNER SHALL HAVE FULL POWER AND AUTHORITY,WITHOUT <br />VIOLATING THE CONTRACT,TO TAKE THE PROSECUTION OF THE WORK OUT OF THE HANDS OF <br />SAID CONTRACTOR,TO APPROPRIATE OR USE ANY OR ALL CONTRACT MATERIALS AND <br />EQUIPMENT ON THE GROUNDS AS MAY BE SUITABLE AND ACCEPTABLE AND MAY ENTER INTO <br />AN AGREEMENT,EITHER BY PUBLIC LETTING OR NEGOTIATION,FOR THE COMPLETION OF SAID <br />CONTRACT ACCORDING TO THE TERMS AND PROVISIONS THEREOF OR USE SUCH OTHER <br />METHODS AS IN HIS OPINION SHALL BE REQUIRED FOR THE COMPLETION OF SAID CONTRACT IN <br />AN ACCEPTABLE MANNER.ALL COSTS AND CHARGES INCURRED BY THE OWNER,TOGETHER <br />WITH THE COSTS OF COMPLETING THE WORK UNDER CONTRACT,SHALL BE DEDUCTED FROM <br />ANY MONIES DUE OR WHICH MAY BECOME DUE SAID CONTRACTOR AND SURETY (IF <br />APPLICABLE).IN CASE THE EXPENSE SO INCURRED BY THE OWNER SHALL BE LESS THAN THE <br />SUM WHICH WOULD HAVE BEEN PAYABLE UNDER THE CONTRACT,IF IT HAD BEEN COMPLETED <br />BY SAID CONTRACTOR,THEN THE SAID CONTRACTOR AND SURETY (IF APPLICABLE)SHALL BE <br />ENTITLED TO RECEIVE THE DIFFERENCE,BUT IN CASE SUCH EXPENSE SHALL EXCEED THE SUM <br />WHICH WOULD HAVE BEEN PAYABLE UNDER THE CONTRACT,THEN THE CONTRACTOR AND THE <br />SURETY (IF APPLICABLE)SHALL BE LIABLE AND SHALL PAY TO THE OWNER THE AMOUNT OF <br />SAID EXCESS. <br />TERMINATION FOR CONVENIENCE <br />OWNER MAY AT ANY TIME AND FOR ANY REASON TERMINATE CONTRACTOR’S SERVICES AND <br />WORK AT OWNER'S CONVENIENCE,AFTER NOTIFICATION TO THE CONTRACTOR IN WRITING VIA <br />CERTIFIED MAIL.UPON RECEIPT OF SUCH NOTICE,CONTRACTOR SHALL,UNLESS THE NOTICE <br />DIRECTS OTHERWISE,IMMEDIATELY DISCONTINUE THE WORK AND PLACING OF ORDERS FOR <br />MATERIALS,FACILITIES AND SUPPLIES IN CONNECTION WITH THE PERFORMANCE OF THIS <br />AGREEMENT. <br />UPON SUCH TERMINATION,CONTRACTOR SHALL BE ENTITLED TO PAYMENT ONLY AS FOLLOWS: <br />(1)THE ACTUAL COST OF THE WORK COMPLETED IN CONFORMITY WITH THIS AGREEMENT; <br />PLUS,(2)SUCH OTHER COSTS ACTUALLY INCURRED BY CONTRACTOR AS APPROVED BY <br />OWNER;(3)PLUS TEN PERCENT (10%)OF THE COST OF THE BALANCE OF THE WORK TO BE <br />COMPLETED FOR OVERHEAD AND PROFIT.THERE SHALL BE DEDUCTED FROM SUCH SUMS AS <br />PROVIDED IN THIS SUBPARAGRAPH THE AMOUNT OF ANY PAYMENTS MADE TO CONTRACTOR <br />PRIOR TO THE DATE OF THE TERMINATION OF THIS AGREEMENT.CONTRACTOR SHALL NOT BE <br />Docusign Envelope ID: 8DED1454-68D2-4E36-9FC6-E56FF2124E5D