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<br />317.2.2.4 Subject to the provlslons of this paragraph, the Contractor and <br />the Owner may agree upon the whole or any part of the amount or <br />amounts to be paid to the Con':ractor because of the total or <br />partial termination of Work under this subsection. The amount or <br />amounts may include a reasonab'le allowance for profit on "ork <br />done. However, such agreed amount or amounts, exclusive of <br />settlement costs, shall not exceed the total Contract Price as <br />reduced by the amount of payments otherwise made and as further <br />reduced by the Contract Price of the Portion of the Property not <br />termi na ted . The Con traC t Oocumen ts sha 11 be amended accord i ng 1 y, <br />and the Contractor shall be paid the agreed amount. Nothing in <br />this paragraph prescribing the amount to be paid to the Contractor <br />in the event of the failur'e of the Contractor and t~e Owner to <br />agree upon the whole amount to be paid to the Contractor because <br />of termination of Work under this Section, shall be deemed to <br />limit, restrict, or otherwise determine or affect the amount Or <br />amounts which may be agreed upon to be paid to the Contractor <br />pursuant to this paragraph. <br /> <br />317.2.2.5 If the Contractor and tile Owner fail to agree on the lI'hole amount <br />to be paid to the Contr'actor b'2cause of the termination of ,Iork <br />under this Section, the Owner shall detel"mine, on the basis of <br />information available to h'im, the amount, if any, due to the <br />Contractor by reason of the termination and shall pay the Contractor <br />the amounts determined as follows: <br /> <br />(1) For all Contract Work performed before the effective date of the <br />Notice of Termination the total (,"thout dupl ication of any items) <br />of (a) the cost of such Work; (b) the cost of settling and paying <br />claims arising out of the termination of "ork under subcontracts <br />or orders as Paragraph 317.2.2.2(3) above provides. This cost is <br />exclusive of the amounts paid or payable on account of supplies or <br />materials delivered or services furnished by the Subcontractor <br />before the effective date of the Notice of Termination. These <br />amounts shall be included in the cost on account of which payment <br />is made; and (c) a sum, as prof! t shall be included or allowed <br />under this paragraph and an appropriate adjustment shall be made <br />reducing the amount of the settlement to reflect the indicated <br />rate of loss; and <br /> <br />(2) The reasonable cost of the preservation and protection of property <br />incurred and any other reasonable costs incidental to termination <br />~f the Work under the Contract Documents, including expense <br />lncidental to the determination of the amount due to the Contractor <br />as a result of the termination of i"ork under the Contract Documents. <br />The total sum to be paid to the:ontractor shall not exceed the <br />total Contract Price as reduced by the amount of payments otherwise <br />made and as further reduced by the Contract Price of Work termina- <br />ted. Except for normal spoilage, i'nd except to the extent that the <br />Owner shall have otherwise expressly assumed the risk of loss, <br />there shall be excluded from the amounts payable to the Contractor <br />the fair value, as determined by the Owner, of property which is <br /> <br />GC - 25 <br />