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Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. In the event of termination, the County may take possession of the premises and all materials, tools , and appliances , thereon and finish the Work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily, completed prior to the termination date. The County may take possession of and use any materials , plant, tools , equipment, and property of any kind furnished by Contractor to complete the Work. If the expense incurred by the County to finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The. expense incurred by the County as herein provided , and the damage incurred through the Contractor ' s default, shall be certified by the Project Manager. The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is joint and several. The obligations of the Contractor and his surety with respect to the warranty and maintenance bond shall remain in full force and effect for the portion of the .Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper , unwarranted , or wrongful , then any such termination shall be deemed for all purposes as a termination without cause as described below. The Contractor agrees that it shall be entitled to no damages , allowances or expenses of any kind other than as provided in this Agreement in connection with such termination. B. WITHOUT CAUSE Either party may terminate the Contract, without cause at any time upon thirty (30) calendar days prior written notice to the other party. Upon such termination, the Contractor waives any claims for damages from the termination without cause, including loss of anticipated profits, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. In the event of termination by the Contractor without cause, the following shall apply: (1) all bonds shall remain fully in force to insure the County ' s ability to construct the project for the Contract amount; (2) the County shall have the right to, at its option , solicit bids for the completion of the unfinished portion of the Work, or to negotiate with the number two bidder under the original bid; and (3 ) the Contractor and his -9-