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' <br />� Owner ma after ivin Contractor and his Suret seven da s'written notic <br /> Y g g y y e, terminate the services <br /> on Contractor, exclude Contractor from the site and take possession of the Work and of all <br />`, Contractor's toals, appliances, construction equipment and machinery at the site and use the same <br /> to the full extent they eould be used by Contractor (without liability to Contractor for trespass or <br />, conversion), incorporate in the Work all materials and equipment stored at the site or for which <br /> Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem <br /> expedient. In such case Contractor shall not be entitled to receive any further payment until the <br />� Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs <br /> of completing the Work, including compensation for additional professional services, such excess <br /> shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the <br />� difference to Owner. Such costs incurred by Owner shall be verified by Engineer and incorporated <br /> in a Change Order,but in finishing the Work,Owner shall not be required to obtain the lowest figure <br /> for the Work performed. <br />� 12.2.2 Where Contractor's services have been so terminated by Owner, the termination shall not <br /> affect any rights of Owner against Contractor then existing or which may thereafter accrue. Any <br />, retention or payment of moneys due Contractor by Owner will not release Contractor from liability. <br /> 12.2.3 Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and <br />� without prejudice to any other right or remedy, elect to abandon the Work and terminate the <br /> . Agreement. In such case,Contractor shall be paid for all Work executed and any expense sustained <br />' plus reasonable termination expenses. <br /> - 12.2.4 If, after notice of termination for failure to fulfill contract obligations, it is determined that <br />� the Contractor has not defaulted, the termination shall be deemed to have been effected for the <br /> �onvenience of the Owner and the Contractor shall be paid in accordance with paragraph 12.3. <br />� 12.3 CONWENIENCE TERMINATION BY THE OWNER <br /> The Owner reserves the right to terminate the Work under this contract in whot�, or from time to <br />� time in part, and said t�rmination for convenience shall not be construed as a breach of the Contract. <br /> If the Contract is terminated for convenience, the Owner shall give the Contractor written notice <br /> specifying the extent the Work of the Contract that is being terminated and the effective date of said <br /> i termination. Upon receipt of the notice of termination, the Contractor shall stop work on the date <br /> and to the extent s�ecifiee�. __ _ _ _ _ _ _ _ _ _ __ _ _ _ _ <br />� The Contractor shall place no further orders nor incur any further costs for the terminated parts of <br /> the Work. The Contractor shall further terminate all orders and subcontracts relating to the <br /> �erminated part of the Work. The Owner shall pay th� Contractor for the value of the Work <br />, terminated as completed to the termination date together with a reas�nable profit on the completed <br /> Work,but no damages or costs or lost profits. Disposition of the completed parts of the terminated <br />' work, materials,equipment and other tangible property shall be made as agreed upon by the 4wner <br /> and Contractor. The title to any praperty and materials retained by the Owner shall accrue to the <br /> Owner i�me�liat�ly upon paynnent bj� the Owrer tca thP Contractor. <br />� <br /> �e�,ec�il/:;�:ce/C'�t�dins.gea! <br />, :':� 1996 Bo:estroo,Rosene; <br /> �',�..?eriik�c�ssociates,Inc. - 47 - <br />