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' <br /> ' <br /> �. TERMINATION <br /> 1 . THE PARK DISTRICT MAY, BY WRITTEN NOTICE TO THE CONTRACTOR, ' <br /> TERMINATE THIS CONTRACT IN WHOLE OR IN PART AT ANY TIME, FOR <br /> CONVENIENCE OR BECAUSE OF THE FAILURE OF THE CONTRACTOR TO ' <br /> FULFILL ITS CONTRACTUAL OBLIGATIONS. UPON RECEIPT OF SUCH <br /> NOTICE, THE CONTRACTOR SHALL IMMEDIATELY DISCONTINUE ALL <br /> SERVICES AFFECTED AND SHALL DELIVER TO THE PARK DISTRICT ALL <br /> DOCUMENTS, SAMPLES. AND SUBMITTALS. ' <br /> 2. IF THE TERMINATION IS FOR THE CONVENIENCE OF THE PARK DISTRICT, <br /> AN EQUITABLE ADJUSTMENT IN THE COMPENSATION OF THE CONTRACTOR , <br /> SHALI BE MADE, BUT NO AMOUNT SHALL BE ALLOWED FOR ANTICIPATED <br /> PROFIT, UNPERFORMED SERVICES OR INTANGIBLES. <br /> 3. IF THE TERMINATION IS DUE TO THE FAILURE OF THE CONTRACTOR TO � <br /> FULFILL ITS CONTRACTUAL OBLIGATIONS, THE PARK DISTRICT MAY TAKE <br /> OVER THE I�RK AND PROSECUTE THE SAME TO COMPLETION BY CONTRACT <br /> OR OTHERWISE AND THE PARK DISTRICT SHALL BE COMPENSATED BY THE ' <br /> CONTRACTOR FOR ANY LOSSES OR COSTS IT INCURS BY VIRTUE OF THIS <br /> TERMINATION FOR FAILURE TO PERFORM. <br /> D. PARTIAL PAYMENTS ' <br /> 1 . A TOTAL OF FIVE PERCENT <SX> OF EACH APPROVAL PARTIAL PAYMENT <br /> SHALL BE RETAINED UNTIL COMPLETION AND FINAL ACCEPTANCE OF THE , <br /> WORK. <br /> 2. PARTIAL PAYMENTS WILL NOT BE MADE MORE OFTEN THAN ONCE EACH ' <br /> MONTH. <br /> 3. WHEN THE WORK UNDER CONTRACT HAS BEEN COMPLETED TO THE EXTENT , <br /> THAT NOT MORE THAN FIVE PERCENT OF THE ORIGINAL CONTRACT VALUE <br /> REMAINS TO BE COMPLETED, THE PARK DISTRICT WILL RELEASE TO THE <br /> CONTRACTOR SUCH PORTIONS OF THE RETAINED FUNDS AS IT CONSIDERS <br /> TO BE IN EXCESS OF THE AMOUNT ADEQUATE FOR PROTECTION OF ITS , <br /> INTERESTS. BEFORE ANY REDUCTIONS ARE MADE IN THE AMOUNTS <br /> RETAINED, THE CONTRACTOR MAY BE REQUIRED TO FURNISH AN <br /> AFFIDAVIT OF CONSENT FROM HIS SURETIES. , <br /> E. INSPECTION <br /> l . THE CONSULTANT WILL INSPECT THE WORK AT INTERVALS APPROPRIATE ' <br /> TO THE STAGE OF CQNSTRUCTION TO EVA►LUATE THE PROGRESS AND <br /> QUALITY OF THE WORK AND TO DETERMINE IN GENERAL IF THE WORK IS <br /> PROCEEDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. ' , <br /> 2. THE CONSULTANT SHALL AT ALL TIMES HAVE ACCESS TO THE WORK <br /> WHEREVER IT IS IN PREPARATION AND PR�RESS. THE CONTRACTOR , <br /> SHALL PROVIDE FACILITIES FOR SUCH ACCESS SO THAT CONSULTANT MAY <br /> PERFORM HIS FUNCTIONS UNDER THE CONTRACT DOCUMENTS. <br /> , <br /> GENERAL CONDITIONS ' <br /> PAGE 12 OF 14 <br />