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removing and correcting the defective or non -conforming Work, and (b) the difference between <br />the fair market value of the Project as constructed and the fair market value of the Project had it <br />not been constructed in such a manner as to include defective or nonconforming Work. <br />If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City <br />for its acceptance of defective or non -conforming Work, the Contractor shall, upon written demand <br />from the City, pay the City such remaining compensation for accepting defective or non -conforming <br />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 or <br />other public authority, or as a result of an act of the Government, through no fault of the Contractor <br />or any person or entity working directly or indirectly for the Contractor, the Contractor may, upon <br />twenty (20) days' written notice to the City and the Engineer / Architect terminate performance <br />under this Contract and recover from the City payment for the actual reasonable expenditures of <br />the Contractor (as limited in Subparagraph 10.3.2 above) for all Work executed and for materials, <br />equipment, tools, construction equipment and machinery actually purchased or rented solely for <br />the Work, less any salvage value of any such items. <br />12.1.2. If the City shall persistently or repeatedly fail to perform any material obligation to <br />the Contractor for a period of thirty (30) days after receiving written notice from the Contractor of <br />its intent to terminate hereunder, the Contractor may terminate performance •under this Contract <br />by written notice to the Engineer / Architect and the City. In such event, the Contractor shall be <br />entitled to recover from the City as though the City had terminated the .Contractor's performance <br />under this Contract for convenience 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 Contract <br />by the Contractor for convenience. The City shall give written notice of such termination to the <br />Contractor specifying when termination becomes effective. <br />12.2.1.2. The Contractor shall incur no further obligations in connection with the Work and <br />the Contractor shall stop Work when such termination becomes effective. The Contractor shall also <br />terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims <br />arising out of the termination of subcontracts and orders. The City may direct the Contractor to <br />assign the Contractor's right, title and interest under terminated orders or subcontracts to the City <br />or its designee. <br />Page 29 of 44 <br />