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<br />8/23/89 <br />For good and sufficient cause, such as (a) unsuitable weather, (b) faulty <br />workmanship, (c) improper superintendence, (d) the CONTRACTOR'S failure to <br />carry out any reasonable order or to perform any provision of the purchase <br />order and collateral documents, or (e) any other circumstance unfavorable for <br />prosecution of the work, the OWNER shall have the right to suspend the <br />CONTRACTOR'S performance of the work. Notice of such suspension shall be in <br />writing. The CONTRACTOR shall resume performance of the work promptly when so <br />notified in writing. There will be added to the time estimated for the <br />project work noted in the Special Conditions the number of days, if any, that <br />the CONTRACTOR is allowed for reasons of unusual, unsuitable weather as <br />stipulated above. The CONTRACTOR shall not be entitled to any cost or <br />damages resulting from such suspension. No extension of time shall be allowed <br />for reasons as stipulated in (b), (c), and (d) above. <br />If the CONTRACTOR is responsible fora delay in progress of the work, the <br />CONTRACTOR shall, without additional cost, work overtime and utilize such <br />additional equipment and manpower as may be necessary to complete the contract <br />work by the stipulated date. Failure to can ply will be grounds for <br />termination of this Agreement as stipulated below or assessment of liquidated <br />damages as stipulated under the Liquidated Damages clause of these General <br />Conditions. <br />If the CONTRACTOR should fail to prosecute the work properly and diligently, <br />or default performance of any provision of the purchase order and its <br />collateral documents, the OWNER after seven days written notice to the <br />CONTRACTOR and his surety may, without prejudice to any other remedy the OWNER <br />may have, dismiss the CONTRACTOR and complete the work and may deduct the cost <br />of so doing from any unpaid balance of the contract price due or to become due <br />the CONTRACTOR. If such cost of completion of the work is in excess of the <br />unpaid balance of the contract price, the CONTRACTOR shall reimburse the OWNER <br />for such excess or the OWNER shall have cause of action at law for the amount <br />of such excess and all costs of prosecution of such action. <br />10. LIQUIDATED DAMAGES <br />If the CONTRACTOR shall neglect, fail or refuse to complete the work within <br />the time agreed upon in this purchase order contract or any extension thereof, <br />the CONTRACTOR shall be liable to the OWNER in the amount specified the <br />Special Conditions for this project for each and every calendar day the <br />completion of the work is delayed beyond the time provided in this purchase <br />order contract, as fixed and agreed liquidated damages and not as a penalty. <br />If the OWNER terminates the CONTRACTOR'S right to proceed, the resulting <br />damage will consist of liquidated damages until such reasonable time as may be <br />required for final c anpletion of the work along with any increased costs <br />incurred by the OWNER in completing the work. If the OWNER does not terminate <br />the CONTRACTOR'S right to proceed, the resulting damage will consist of <br />liquidated damages until the work is completed or accepted. <br />The OWNER shall have the right to deduct from and retain out of monies which <br />may be due or which may become due and payable to the CONTRACTOR, the amount <br />of such liquidated damages; and if the amount so retained by the OWNER is <br />insufficient to pay in full such liquidated damages, the CONTRACTOR shall pay <br />to the OWNER the amount necessary to effect payment in full of such liquidated <br />damages. <br />MLRD-S- <br />