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the difference between the fair market value of the Project as constructed and the fair <br />market value of the Project had it not been constructed in such a manner as 'to include <br />defective or nonconforming Work. <br />If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate <br />the City for its acceptance of defective or non -conforming Work, the Contractor shall, upon <br />written demand from the City, pay the City such remaining compensation for accepting <br />defective or non -conforming Work. <br />ARTICLE XII <br />CONTRACT TERMINATION <br />12.1 Termination by the Contractor <br />12.1.1. If the Work is stopped for a period of ninety (90) days by an order of any court <br />or other public authority, or as a result of an act of the Government, through no fault of the <br />Contractor or any person or entity working directly or indirectly for the Contractor, the <br />Contractor may, upon twenty (20) days' written notice to the City and the Engineer / <br />Arch itect"terminate performance under this Contract and recover from the City payment <br />for the actual reasonable expenditures of the Contractor (as limited in Subparagraph 10.3.2 <br />above) for all Work executed and for materials, equipment, tools, construction equipment <br />and machinery actually purchased or rented solely for the Work, less any salvage value of <br />any such items. <br />12.1.2. If the City shall persistently or repeatedly fail to perform any material <br />obligation to the Contractor for a period of thirty (30) days after receiving written notice <br />from the Contractor of its intent to terminate hereunder, the Contractor may terminate <br />performance •under this Contract by written notice to the Engineer / Architect and the City. <br />In such event, the Contractor shall be entitled to recover from the City as though the City <br />had terminated the . Contractor's performance under this Contract for convenience <br />pursuant to. Subparagraph 12.2.1 hereunder. <br />12.2 Termination by the City <br />12.2.1. For Convenience <br />12.2.1.1. The City may for any reason whatsoever terminate performance under this <br />Contract by the Contractor for convenience. The City shall 'give written notice of such <br />termination to the Contractor specifying when termination becomes effective. <br />12.2.1.2. The Contractor shall incur no further obligations in connection with the Work <br />and the Contractor shall stop Work when such termination becomes effective. The <br />Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall <br />Page 32 of 43 <br />871 <br />