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Subcontract#: 061804-017 <br /> Page 201 Rev 171204 <br /> b) Remedy the Default by whatever means Contractor may deem necessary or appropriate, <br /> including, but not limited to, correcting, furnishing, performing or otherwise completing the <br /> Work, or any part thereof, by itself or through others and deducting the cost thereof, plus an <br /> allowance for administrative burden equal to percent (4,94) (10%) of such costs, <br /> from any payments due or to become due to Subcontractor; <br /> c) Terminate Subcontractor's performance under this Agreement, without waiving or releasing <br /> any rights or remedies against Subcontractor or its sureties. In case of termination, Contractor <br /> may by itself or through others, take possession of the Work and all Subcontractor's materials <br /> relating to the Work to complete the Work. <br /> d) Recover from Subcontractor all reasonable losses, damages, penalties and fines, whether <br /> actual or liquidated, diFeGt or consequential, and all actual attorneys' fees suffered or incurred <br /> by Contractor by reason of or as a result of Subcontractor's Default. <br /> e) After completion of the Work by the exercise of any one or more of the above remedies and <br /> acceptance of the Work by Owner and payment thereof by Owner, Contractor shall promptly <br /> pay Subcontractor any remaining balance of the Subcontract Amount. In the event a <br /> termination of Subcontractor's performance under this Agreement for Default is subsequently <br /> determined by a court or arbitration panel of competent jurisdiction to be unjustified, then such <br /> termination shall be deemed to have been a termination for convenience by Contractor and <br /> the compensation due Subcontractor, if any shall be determined accordingly. <br /> 6.3 Termination for Convenience: Contractor shall have the right to terminate this Agreement for <br /> its own convenience for any reason by giving notice of termination effective upon receipt by <br /> Subcontractor. Termination for Default if wrongfully made shall be treated as a termination for <br /> convenience. Subcontractor shall not be entitled to anticipated profits on unperformed portions of the <br /> Work or any other consequential, indirect, or direct damages of any kind. Instead, upon termination <br /> for convenience, Subcontractor shall be paid, of the <br /> following: <br /> a <br /> or <br /> b) A pro rata percentage of the Subcontract Amount equal to the percentage of completion of the <br /> Work and in the case of wrongful temimation by the Contractor, the ;subcontractor shall be <br /> entitled to an equitable adjustment to recover direct costs related to said termination. <br /> 6.4 Termination by Owner: Should the Owner terminate the Prime Contract or any part of the <br /> Prime Contract that includes the Work, the Contractor shall so notify the Subcontractor in writing and <br /> upon receipt of said notice, this Agreement also shall be terminated and the Subcontractor shall <br /> immediately stop the Subcontractor's Work. In the event of such Owner termination, the Contractor's <br /> liability to the Subcontractor is limited to the extent of the Contractor's recovery from Owner on the <br /> Subcontractor's behalf under the Contract Documents for Work and material furnished on the date of <br /> subcontract termination, and receipt of payment from Owner for Subcontractor's portion of termination <br /> costs is a condition precedent to Contractor's obligation to pay Subcontractor. Subcontractor bears <br /> the risk of Owner's non-payment for any or all of its Work, including any costs of termination. <br /> 7. PAYMENT TO SUBCONTRACTOR <br /> Equal Opportunity/Affirmative Action Employer <br />