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completing the Work shall be deducted from the balance which would have been <br /> due the CONTRACTOR had the Agreement not been terminated and the Work <br /> completed in accordance with the Contract Documents. If such cost exceeds the <br /> balance which would have been due, the CONTRACTOR shall pay the excess <br /> amount to the OWNER. If such cost is less than the balance which would have <br /> been due, the CONTRACTOR shall not have claim to the difference. <br /> 15.3 TERMINATION OF AGREEMENT BY OWNER (FOR CONVENIENCE) <br /> A. The OWNER may terminate the Agreement at any time if it is found that reasons <br /> beyond the control of either the OWNER or CONTRACTOR make it impossible <br /> or against the OWNER's interests to complete the Work. In such a case, the <br /> CONTRACTOR shall have no claims against the OWNER except: (1) for the <br /> value of Work performed up to the date the Agreement is terminated; and, (2) for <br /> the cost of materials and equipment on hand, in transit, or on definite <br /> commitment, as of the date the Agreement is terminated, which would be needed <br /> in the Work and which meet the requirements of the Contract Documents. The <br /> value of Work performed and the cost of materials and equipment delivered to <br /> the site, as mentioned above, shall be determined by the ENGINEER OF <br /> RECORD in accordance with the procedure prescribed for the making of the final <br /> application for payment and payment under Paragraphs 14.8 and 14.9. <br /> 15.4 TERMINATION OF AGREEMENT BY CONTRACTOR <br /> A. The CONTRACTOR may terminate the Agreement upon ten (10) days written <br /> notice to the OWNER, whenever: (1) the Work has been suspended under the <br /> provisions of Paragraph 15.1, herein, for more than ninety (90) consecutive days <br /> through no fault or negligence of the CONTRACTOR, and notice to resume Work <br /> or to terminate the Agreement has not been received from the OWNER within <br /> this time period; or, (2) the OWNER should fail to pay the CONTRACTOR any <br /> monies due him in accordance with the terms of the Contract Documents and <br /> within 60 days after presentation to the OWNER by the CONTRACTOR of a <br /> request therefor, unless within said 10-day period the OWNER shall have <br /> remedied the condition upon which the payment delay was based. In the event <br /> of such termination, the CONTRACTOR shall have no claims against the <br /> OWNER except for those claims specifically enumerated in Paragraph 15.3, <br /> herein, and as determined in accordance with the requirements of said <br /> paragraph. <br /> ARTICLE 16 -- MISCELLANEOUS <br /> 16.1 GIVING NOTICE <br /> A. Whenever any provision of the Contract Documents requires the giving of written <br /> notice, it will be deemed to have been validly given if delivered in person to the <br /> individual or to a member of the firm or to an officer of the corporation for whom it <br /> is intended, or if delivered at or sent by registered or certified mail, postage <br /> prepaid, to the last business address known to the giver of the notice. <br /> 00700-38/39 <br /> 11 2 <br />