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Protection of Adjacent Property and Utilities : The CONTRACTOR shall conduct his work in <br /> such a manner as to avoid damage to adjacent private or public property and shall immediately <br /> repair or pay for any damage incurred through his operations . The CONTRACTOR shall take <br /> ' cognizance of all existing utilities and he shall operate with due care in the vicinity of such <br /> utilities and shall immediately repair or have repaired at no additional costs to the OWNER any <br /> breakage or damage caused by his operation. Should the OWNER be required to make such <br /> ' repairs , the cost of such repairs shall be deducted from the contract price . <br /> 6. TERMINATION/DEFAULT <br /> If the CONTRACTOR shall be adjudged as bankrupt, or if he should make a general assignment <br /> for the benefit of his creditor(s) , or if a receiver shall be appointed for the CONTRACTOR, or if <br /> he should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or <br /> proper materials, or if he should refuse or fail to make payment to persons supplying labor or <br /> materials for the work under the contract, or persistently disregards instructions of the OWNER, <br /> 1 or fails to observe or perform, or be guilty of a substantial violation of any provision of the <br /> contract documents, then the OWNER, after serving at least ten (10) days prior written notice to <br /> the CONTRACTOR of its intent to terminate, and such default shall continue unremedied for a <br /> period of ten (10) days , may terminate the contract without prejudice to any other rights or <br /> remedies and take possession of the work ; and the OWNER may take possession of, and utilize in <br /> completing the work, such materials , appliances and equipment as may be on the site of the work <br /> and necessary therefore . The CONTRACTOR shall be liable to the OWNER for any damages <br /> resulting from such default. <br /> ' 7. DELAY <br /> Notwithstanding the contract schedule, the County shall have the right to delay performance for <br /> up to three (3 ) months as necessary or desirable, and such delay shall not be deemed a breach of <br /> contract, but the contract schedule shall be extended for a period equivalent to the time lost by <br /> reason of the County's delay. <br /> If the work is stopped or delayed for more than three (3 ) months , either in whole or in substantial <br /> part, either the County or CONTRACTOR may elect to terminate the contract because of such <br /> delay. If such stoppage or delay is due to actions taken by the County within its control <br />, <br /> CONTRACTOR ' S sole remedy under the contract shall be reimbursement for costs reasonably <br /> expended in preparation for or in performance of the contract plus CONTRACTOR ' S lost profit <br /> for the period of CONTRACTOR ' S performance on the jobsite . <br /> If the performance of the contract is delayed by fire, lightning, earthquake, cyclone or other such <br /> cause completely beyond the control of either the County or CONTRACTOR, then the time for <br /> completion of the contract shall be extended for a period equivalent to the time lost by reason of <br /> ' any of the aforesaid causes . <br /> 8. WARRANTY/GUARANTEE <br /> ' CONTRACTOR warrants and guarantees to OWNER that all materials will be new unless <br /> otherwise specified and that all work will be of good quality and free from defects and <br /> in <br /> accordance with the Specifications . <br /> Page 10 of 52 <br />