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<br />e <br /> <br />e <br /> <br />e <br /> <br />'''~- <br /> <br />'" <br /> <br />GC-42 <br /> <br />reasons, for the order. In this circumstance, the CONTRACTOR will not be <br />authorized a time extension and costs to the CONTRACTOR resulting from such a <br />suspension order will not be reimbursed by the OWNER. A suspension order issued <br />under these circumstances will remain in effect until the CONTRACTOR has acted to <br />remove the grounds for the suspension. <br /> <br />TERMINATION OF CONTRACT BY OWNER. If the WORK to be performed under the <br />CONTRACT is assigned by the CONTRACTOR without written permission of the OWNER; <br />if the CONTRACTOR shall be adjudged bankrupt; if a general assignment of the <br />CONTRACTOR's assets are to be made for the benefit of his creditors; if a receiver should <br />be appointed for the CONTRACTOR of any of his property; if at any time the ENGINEER <br />shall certify, in writing, to the OWNER that the performance of the WORK under the <br />CONTRACT is being unnecessarily delayed or that the CONTRACTOR is willfully violating <br />any of the CONDITIONS, PROVISIONS, or covenants of the CONTRACT, DRAWINGS OR <br />SPECIFICATIONS, or that the CONTRACTOR is executing the same in bad faith or <br />otherwise not in accordance with terms of the CONTRACT; if the WORK or any part thereof <br />be not fully completed within the time or times named for its completion or within the time to <br />which such completion date or dates may be extended; or if other just causes exist; then the <br />. OWNER may serve written notice upon the CONTRACTOR of the OWNER's intent to <br />terminate the CONTRACT. This notice will give the CONTRACTOR ten days to remove the <br />causes for termination and if the CONTRACTOR shall not, prior to the effective date of <br />termination set forth in such notice, take such measures as will, in the judgment of the <br />OWNER, insure the satisfactory performance of the WORK, the OWNER may declare the <br />CONTRACT terminated on the effective date specified in the NOTICE or on any other date <br />thereafter. In the event of such termination, the OWNER shall notify the CONTRACTOR to <br />discontinue all WORK under the CONTRACT and the CONTRACTOR shall immediately <br />respect such notice and stop WORK and cease to have any right to the possession of the <br />WORK site and shall forfeit his CONTRACT. Upon such termination, the OWNER may take <br />possession of all materials, equipment, tools, and plant as may be on the site of the WORK and <br />required or necessary for completion of the WORK and take over the WORK and prosecute <br />the same to completion by the CONTRACT or otherwise for the account and at the expense <br />of the CONTRACTOR. The CONTRACTOR and his surety shall be liable to the OWNER <br />for any and all costs and expenses in excess of the CONTRACT PRICE or prices sustained by <br />the OWNER by reason of such prosecution and completion, which costs shall include all <br />administrative costs. <br /> <br />In the event that the OWNER is prohibited from completing the PROJECT because of <br />conditions or circumstance beyond the control of either the OWNER or the CONTRACTOR <br />such as, but not limited to, an Executive Order of the President of the United States of <br />America with respect to the prosecution of war or in the interest of national defense or an <br />order of any state or federal court permanently prohibiting the construction of the PROJECT, <br />the OWNER may terminate the CONTRACT or portion thereof by giving at least ten day' <br />written notice to the CONTRACTOR. When the CONTRACT is terminated before completion <br />of all items of WORK in the CONTRACT, payment will be made for the actual number of <br />units or items of WORK completed at the CONTRACT PRICE. <br /> <br />On items or units which are only partially completed, payment will be made in proportion to <br />which the completed WORK bears to the total BID Price. Acceptable materials, obtained or <br />ordered by the CONTRACTOR for the PROJECT BUT NOT YET INCORPORATED IN <br />THE WORK at the time of such termination, shall at the option of the OWNER be purchased <br />from the CONTRACT at actual cost as shown by receipted bills and actual cost Tecords at the <br />point of delivery. The intent of this provision is to provide a method of equitable settlement <br />with the CONTRACTOR in the event of termination of the CONTRACT because of conditions <br />or circumstances beyond the control of either party. Payment by the OWNER for loss of <br />anticipated profits shall not be the final settlement. It is also intended that a settlement for the <br /> <br />III-29 <br />(1723 - lO/93) <br />