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been completed, no profit shall be allowed or included and the amount of <br />compensation shall be reduced to reflect the anticipated rate of loss, if any; <br />iii. Reasonable costs of settling and paying claims arising out of the termination of <br />subcontracts or orders pursuant to Subparagraph 12.2.1.2 of this Paragraph. <br />These costs shall not include amounts paid in accordance with other provisions <br />hereof. <br />The total sum to be paid the Contractor under this Subparagraph 12.2.1 shall not exceed the total <br />Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and <br />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, supply <br />enough properly skilled workers, administrative, managerial and supervisory personnel or proper <br />equipment or materials, or if it fails to make prompt payment to Subcontractors or for materials or <br />labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public <br />authority having jurisdiction, or otherwise is guilty of a substantial violation of a material provision <br />of this Contract, then the City may by written notice to the Contractor, without prejudice to any <br />other right or remedy, terminate the employment of the Contractor and take possession of the site <br />and of all materials, equipment, tools, construction equipment and machinery thereon owned by <br />the Contractor and may finish the Work by whatever methods it may deem expedient. In such case, <br />the Contractor shall not be entitled to receive 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 work, <br />including compensation for the Architect's additional services and expenses made necessary <br />thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the <br />Contractor shall pay the difference to the City. This obligation for payment shall survive the <br />termination of the Contract. <br />12.2.2.3. In the event the employment of the Contractor is terminated by the City for cause <br />pursuant to Subparagraph 12.2.2 and it is subsequently determined by a Court of competent <br />jurisdiction that such termination was without cause, such termination shall thereupon be deemed <br />a Termination for Convenience under Subparagraph 12.2.1 and the provisions of Subparagraph <br />12.2.1 shall apply. <br />ARTICLE XIII <br />INSURANCE <br />13.1. Contractor agrees, at its sole expense, to maintain on a primary, noncontributory <br />basis during the life of this Contract, or the performance of work under this Project, insurance <br />coverages, limits, and endorsements as required herein. The Contractor agrees the insurance <br />requirements herein as well as City's review or acknowledgement, is not intended to and shall not <br />in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this <br />Contract. Any coverage maintained by the City shall apply excess .of, or contingent upon the <br />absence of, other insurance required or maintained by Contractor. All insurance policies and bonds <br />Page 30 of 42 <br />380 <br />