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<br />EXHIBIT VIII-J. Cont.
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<br />23. Right of the Owner to Terminate Contract
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<br />In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his
<br />subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to
<br />terminate the Contract, such notices to contain the reason for such intention to terminate the Contract, and
<br />uniess within (10) days alter the serving of such notice upon the Contractor, such violation or delay shall
<br />cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said
<br />ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve
<br />notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and
<br />perform the Contract; provided, however, that if the Surety does not commence performance thereof within
<br />ten (10) days from the date of the mailing to such Surety Contractor and his Surety shall be liable to the
<br />Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take
<br />possession of and utilize in completing the work, such material, appliances, and plant as may be on the site
<br />of the work and necessary therefore.
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<br />24. Construction Schedule and Periodic Estimates
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<br />Immediately alter execution and delivery of the Contract, and before the first partial payment is made, the
<br />Contractor shall deliver to the Owner an estimated construction progress scheduie in form satisfactory to
<br />the Owner, showing the proposed dates of commencement and completion of each of the various
<br />subdivisions of work required under the Contract Documents and the anticipated amount of each monthly
<br />payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall
<br />aiso furnish on forms to be supplied by the Owner: (a) a detailed estimate giving a complete breakdown of
<br />the contract price and (b) periodic itemized estimates of work done for the purpose of making partial
<br />payments thereon. The costs employed in making up any of these schedules will be used only for
<br />determining the basis of partial payments and will not be considered as fixing a basis for additions to or
<br />deductions from the Contract price.
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<br />25. Payments to Contractor
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<br />(a) Not later than the 15th day of each calendar month the Owner shall make a progress
<br />payment to the Contractor on the basis of a duly certified and approved estimate of the work performed
<br />during the preceding calendar month under this Contract, but to insure the proper performance of this
<br />Contract the Owner may retain five percent (5%) of the amount of each estimate until final completion and
<br />acceptance of all work covered by this Contract; PROVIDED, that the Contractor shall submit his estimate
<br />not later than the first day of the month; PROVIDED, FURTHER, that the Owner at any time alter fifty
<br />percent (50%) of work has been completed, if he finds that satisfactory progress is being made, may make
<br />any of the remaining progress payments in full; PROVIDED, FURTHER, that on completion and acceptance
<br />of each separate building, public work, or other division of the Contract, on which the price is stated
<br />separateiy in the Contract, payment may be made in full, including retained percentages thereon, less
<br />authorized deductions.
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<br />(b) In preparing estimates the material delivered on the site preparatory to work done may be
<br />taken into consideration.
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<br />(c) All materiai and work covered by partial payments made shall thereupon become the sole
<br />property of the Owner, but this provision shall not be construed as relieving the Contractor from have been
<br />made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the
<br />fulfillment of all of the terms of the contract.
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<br />(d) OWNER'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION
<br />THEREOF: The Contractor agrees that he will indemnify and save the Owner harmless from all claims
<br />growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men, and
<br />furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary,
<br />incurred in the furtherance of the performance of this Contract. The Contractor shall, at the Owne~s request,
<br />furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid,
<br />discharged, or waived. If the Contractor fails so to do, then the Owner may, alter having served written
<br />notice on the said Contractor, either pay unpaid bills, of which the Owner has written, direct or withhold from
<br />the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all
<br />lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged hereupon
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<br />VIII-J-9
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<br />(RevIsed 5199)
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