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of the notice of termination, the Principal Representative may take over the work, take <br /> possession of and use all materials, tools, equipment and appliances on the premises and <br /> prosecute the work to completion by such means as he shall deem best. In the event of such <br /> termination of his service, the CONTRACTOR shall not be entitled to any further payment <br /> under his contract until the work is completed and accepted. If the Principal Representative <br /> takes over the work and if the unpaid balance of the contract price exceeds the cost of <br /> completing the work, including compensation for any damages or expenses incurred by the <br /> Principal Representative through the default of the CONTRACTOR, such excess shall be <br /> paid to the CONTRACTOR. If, however, the cost, expenses and damages as certified by the <br /> Principal Representative exceed such unpaid balance of the contract price, the <br /> CONTRACTOR and his Surety shall pay the difference to the Principal Representative. <br /> (b) The Principal Representative may take control of the work and either make good the <br /> deficiencies of the CONTRACTOR or direct the activities of the CONTRACTOR in doing so, <br /> employing such additional help as the Principal Representative deems advisable. In such <br /> event the Principal Representative shall be entitled to collect from the CONTRACTOR and <br /> his Surety, or to deduct from any payment then or thereafter due the CONTRACTOR, the <br /> costs incurred in having such deficiencies made good and any damages or expenses <br /> incurred through the default of the CONTRACTOR, provided the Principal Representative <br /> approves the amount thus charged to the CONTRACTOR. <br /> (c) The Principal Representative may require the Surety on the CONTRACTOR'S bond to take <br /> control of the work at once and see to it that all the deficiencies of the CONTRACTOR are <br /> made good, with due diligence. As between the Principal Representative and the Surety, the <br /> cost of making good such deficiencies shall all be borne by the Surety. If the Surety takes <br /> over the work, either upon termination of the services of the CONTRACTOR or upon <br /> instructions from the Principal Representative to do so, the provisions of the Contract <br /> Documents shall govern in respect of the work done by the Surety, the Surety being <br /> substituted for the CONTRACTOR as to such provisions, including provisions as to payment <br /> for the work and provisions of this Article as to the right of the Principal Representative to do <br /> the work or take control of the work. <br /> Article 43. TERMINATION FOR CONVENIENCE OF STATE <br /> (a) The performance of work under this Contract may be terminated, in whole or from time to <br /> time in part, by the State whenever for any reason the Principal Representative shall <br /> determine that such termination is in the best interest of the State. Termination of work <br /> hereunder shall be effected by delivery to the CONTRACTOR of a Notice of Termination <br /> specifying the extent to which performance of work under the Contract is terminated and the <br /> date upon which such termination becomes effective. <br /> (b) After receipt of the Notice of Termination the CONTRACTOR shall cancel his outstanding <br /> commitments hereunder covering the procurement of materials, supplies, equipment and <br /> miscellaneous items. In addition, the CONTRACTOR shall exercise all reasonable diligence <br /> to accomplish the cancellation or diversion of his outstanding commitments covering personal <br /> services and extending beyond the date of such termination to the extent that they relate to <br /> the performance of any work terminated by the Notice. With respect to such canceled <br /> commitments the CONTRACTOR agrees to: <br /> Colorado Division of Reclamation, Mining and Safety <br /> Page 17 of 22 Pages <br /> Revised:9/17/2019 <br />