R2003-170 AUTHORIZING WATER MAIN AGREEMENT

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the Owner skall reimburse the Contrac�or such costs ar�d the Contractor-'s Fee a�plicable thereto on the same basis as if such costs had been incurred prior to final payment,but not in excess of the Guaranteed Maximum Price. If the Contractor has participated in savings as provided in Paragraph 5.2,the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Contractor. ARTICLE 13 TERMINATION OR SUSPENSION 13.1 The Contraci may be terminated by the ContraHow ver the aOmountf to be pa d toethe p:ovided in Ariicle i4 of AIA Document A2oi-i997• Contractor under Subparagraph i4.i3 of AIA Document AZoi-i997 shall not exceed the amount the Contractor would be entitled to receive under Paragraph i3.2 below, except that the Contractor's Fee shall be calculated as if the Work had been fully completed by the Contractor, including a reasonable estimate of the Cost of the Wc�rk for Work not actually completed. t3.2 The Contract may be terminated by the Owner for cause as provided in Article i4 of AIA Document AZoi-i9g7.The amount,if any,to be paid to the Contractor under Subparagraph i4•2•4 of AIA Document AZoi-i997 shall not cause the Guaranteed Maximum Price to be exceeded,nor shall it exceed an amount calculated as follows: 13.2.1 Take the Cost of the Work incurred by the Contractor to the date of termination; 13.2.2 Add the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Subparagraph 5.i.z or,if the Contractor's Fee is stated as a fixed sum in that Subparagraph,an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion;and 13.2.3 Subtract the aggregate of previous payments made by the Owner. 13.3 The Owner shall also pay the Contractor fair compensation,either by purchase or rental at the election of the Owner,for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Subparagraph i3.z.i.To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article i3,execute and deliver all such papers and take all such steps>including the legal assignment of such subcontracts and other contractual rights of the Contractor,as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. 13.4 The Work may be suspended by the Owner as provided in Article i4 of AIA Document AZoi-i997;in such case,the Guaranteed Maximum Price and Contract Time shall be increased as provided in Subparagraph i4.3.2 of AIA Document AZoi-i9g7 except that the term"profit"shall be understood to mean the Contracior's Fee as described in Subparagraphs 5.i.2 and Paragraph 6.4 of �� this Agreement. ' � c oo.�o0 0 �1997 AIAB ARTICLE 14 MISCELLANEOUS PROVISIONS AIA DOCUMENT A111-1997 14.1 Where reference is made in this Agreement to a provision AIA Document A2oi-igg7 or �WNER-CONTRACTOR another Contract Document,the reference refers to that provision as amended or supplemented AGREEMENT by other provisions of the Contract Documents. The a,merican institute of Architects 1735 New York Avenue, N.W. Washington,D.C.20006-5292 WARNING: Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution.