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IJUI..UJIIJ.II CI IVCIUpe IL.J/D/Lrot1-OLr.7-Y00 I-FIDOJ-Y I I'iOJDODC'4U <br /> PO#:461002243 <br /> Routing#: 24-HA4-ZG-00107 <br /> designing, advertising, bidding and awarding the remaining Work and liquidated <br /> damages or disincentives. <br /> D. If the notice of default is determined to be in error, the rights and obligations of the Parties <br /> shall be the same as if the Contract had been terminated in accordance with Standard <br /> Specifications subsection 108.10. Damages for improper notice of default may be awarded <br /> accordingly. <br /> 14. TERMINATION OF CONTRACT <br /> Parties will act in accordance with the Standard Specification subsection 108.11 which requires: <br /> A. Termination Notice <br /> The Department may terminate Work under the Contract in whole or in part if the Engineer <br /> determines that termination is in the Department's best interest. Contract termination will be <br /> initiated by the Engineer's written Contract Termination Notice to the Contractor. The notice <br /> will specify the effective date. <br /> B. Canceled Commitments <br /> The Contractor,after receiving the Contract Termination Notice, shall cancel any outstanding <br /> commitments for procurement of materials, supplies, equipment,and miscellaneous items. In <br /> addition, the Contractor shall use reasonable effort to cancel or divert any outstanding <br /> subcontract commitments to the extent they relate to any Work terminated. With respect to <br /> such canceled commitments the Contractor shall: <br /> i. Settle all outstanding liabilities and all claims arising out of these canceled <br /> commitments. Such settlements will be approved by the Engineer and shall be final; <br /> and <br /> ii. Assign to the Department all of the rights, title and interest of the Contractor under the <br /> terminated orders and subcontracts,as directed. The Department will then have the right <br /> to settle or pay any or all claims arising out of the termination of these commitments. <br /> C. Termination Claim <br /> The Contractor shall submit the termination claim to the Engineer within 90 days after the <br /> termination notice effective date. During the 90 day period,the Contractor may make a written <br /> request for a time extension in preparing the claim. Any time extension must be approved by <br /> the Engineer. If the Contractor fails to submit the termination claim within the time allowed, <br /> the Engineer may determine the amount due the Contractor by reason of the termination. <br /> D. Payment. <br /> Subject to subsection C above, the Contractor and Engineer may agree upon the whole or any <br /> part of the amount to be paid to the Contractor because of the termination. The amount may <br /> include reasonable cancellation charges incurred by the Contractor. The amount may also <br /> include any reasonable loss upon outstanding commitments for subcontracts which the <br /> Contractor is unable to cancel, provided the Contractor has made reasonable effort to divert <br /> the commitments to other activities. The amount agreed upon shall be embodied in a Contract <br /> Modification Order and the Contractor shall be paid that amount. Payments claimed and <br /> agreed to pursuant to termination shall be based on the Contract unit prices. Payment for <br /> Page 16 of 63 <br />