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<br />use of the equipment, plant and other property of SUBCONTRACTOR which is associated with <br />the WORK. <br />Should SUBCONTRACTOR become insolvent or be placed in liquidation or under judicial <br />management, CONTRACTOR may require full and wmglete assurance that satisfactory <br />' performance will wntinue to be achieved. CONTRACTOR shall be the sole judge of <br />satisfactory performance and the adequacy of assurances thereof. Said full and complete <br />assurances shall be provided within 72 hours of written request to SUBCONTRACTOR, unless <br />' a longer time is specifically allowed. Should, in CONTRACTOR'S sole judgment, the <br />assurances be unsatisfactory, CONTRACTOR may, without process of law and without violating <br />' this CONTRACT, upon written notice take the prosecution of the WORK, or a portion thereof, <br />away from the SUBCONTRACTOR and complete it as in the preceding paragraph. <br />' Upon taking over the WORK by CONTRACTOR, no further payment will be made to <br />SUBCONTRACTOR until the WORK, or portion thereof, is completed or other arrangements <br />satisfactory to CONTRACTOR are made. Any moneys due or that may become due <br />' SUBCONTRACTOR under this CONTRACT may be applied by CONTRACTOR to payment <br />for labor, material, equipment, subcontracts, administrative expense and any other costs to <br />CONTRACTOR in completing the WORK or which result from delays in completing the <br />WORK. <br />Should the expense incurred by CONTRACTOR in taking over and completing the WORK, or <br />' portion thereof, exceed the sum that would have become payable under the CONTRACT, then <br />SUBCONTRACTOR (and SUBCONTRACTOR'S surety, if applicable) shall be liable to the <br />CONTRACTOR for the amount of such excess. Should the expense incurred by <br />CONTRACTOR be less than the sums that would have become payable, then <br />SUBCONTRACTOR shall be entitled to a portion of the difference computed as follows. <br />SUBCONTRACTOR shall be entitled to pro rata compensation for WORK ah eady performed <br />' not exceeding the reasonable cost of WORK done and materials supplied by SUB- <br />CONTRACTOR to the time of termination plus an equitable profit on WORK completed, not <br />exceeding the amount paid plus the difference noted above. No anticipated profits applicable <br />' to the unwmpleted portions of the WORK will be allowed. <br />If CONTRACTOR should incorrectly terminate this CONTRACT for default or for breach, it <br />' shall be deemed to be a termination by CONTRACTOR for reasons other than cause, and <br />payment shall be made as in the case of termination for convenience. In no event shall <br />CONTRACTOR'S liability or SUBCONTRACTOR'S recovery under this Article exceed the <br />total amount determined by application of ARTICLE GC-31.0, "SUSPENSION OR <br />TERMINATION FOR CONVEATIENCE." <br />GC-32.0 Not Used <br />GC-33.0 LABOR AND PERSONNEL <br />SUBCONTRACTOR shall employ only competent and skilled personnel to perform the WORK <br />and shall be responsible for maintaining harmonious labor relations with its employees. <br />' SUBCONTRACTOR shall remove and replace unacceptable personnel determined to be <br />' 3-12 <br />