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however, that if it appears that the Contractor would have <br /> not profited or would have sustained a loss if the entire <br /> ire. <br /> Contract would have been completed, no.profit shall be <br /> allowed or included.and..the:amount of compensation.shall <br /> be reduced to reflect the anticipated rate of loss, if any; <br /> (iii) Reasonable costs of settlingand paying claims arisingout <br /> p Y 9 <br /> of the termination of subcontracts or orders pursuant to <br /> 12.2.1.2 of this Paragraph.Subparagraphh. These costs <br /> 9 p <br /> shall not include amounts paid in accordance with other <br /> provisions hereof. <br /> The total sum to be paid the Contractor under this Subparagraph 12.2.1 shall not exceed the <br /> total Contract Price, as properly adjusted, reduced by the amount of payments otherwise <br /> made, and shall in no event include duplication of payment. <br /> 12.2.2 For Cause <br /> .12.2.2.1 If the Contractor refuses or fails to prosecute the Work in a timely manner, <br /> supply enough properly skilled workers, administrative, managerial and supervisory personnel <br /> or proper equipment or materials, or if it fails to make prompt payment to Subcontractors or <br /> for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders <br /> of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a <br /> material provision of this Contract, then the City may by written notice to the Contractor, <br /> without prejudice to any other right or remedy, terminate the employment of the Contractor <br /> and take possession of the site and of all materials, equipment, tools, construction equipment <br /> and machinery thereon owned by the Contractor and may finish the Work by whatever <br /> methods it may deem expedient. In such case, the Contractor shall not be entitled to receive <br /> any further payment until the Work is finished. <br /> 12.2.2.2 If the unpaid balance of the Contract Price exceeds the cost of finishing the <br /> work, including compensation for the Architect's additional services and expenses made <br /> necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the <br /> unpaid balance, the Contractor shall pay the difference to the City. This obligation for <br /> payment shall survive the termination of the Contract. <br /> 12.2.2.3 In the event the employment of the Contractor is terminated by the City for <br /> cause pursuant to Subparagraph 12.2.2 and it is subsequently determined by a Court of <br /> competent jurisdiction that such termination was without cause, such termination shall <br /> thereupon be deemed a Termination for Convenience under Subparagraph 12.2.1 and the <br /> provisions of Subparagraph 12.2.1 shall apply. <br /> ARTICLE XIII <br /> INSURANCE <br /> 13.1 Contractor agrees, at its sole expense, to maintain on a primary, non- <br /> contributory basis during the life of this Contract, or.the performance of work under this <br /> Project, insurance coverages, limits, and endorsements as required herein. The Contractor <br /> agrees the insurance requirements herein as well as City's review or acknowledgement, <br /> is not <br /> intended to and shall not in any manner limit or qualify the liabilities and obligations assumed <br /> by the Contractor under this Contract.Any coverage maintained by the.City shall apply excess <br /> 33 <br />