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Surety may not assign those obligations without the written consent of the Owner . The Surety shall be <br /> responsible for the payment of all costs relating to the termination of the employment of the Contractor. <br /> Contractor and its surety shall be jointly and severally liable for all costs in access of the Contract price for <br /> completion of the work and for liquidated damages . If, upon termination for cause it is determined that <br /> Contractor was not in default , the rights and obligations of the parties shall be as if the <br /> notice of <br /> termination has been issued for the Owner' s convenience . <br /> GC 51 SUSPENSION OR TERMINATION BY OWNER FOR CONVENIENCE . <br /> 1 . The Owner may , at any time , without cause , order the Contractor in writing to suspend , delay or <br /> interrupt the Work in whole or in part for such period of time as the Owner may determine , or to terminate <br /> all or a portion of the Contract for the Owner' s convenience . Upon such termination , Contractor waives <br /> any claim for damages , including loss of profits . Those Contract provisions which by their nature survive <br /> final acceptance shall remain in full force and effect. If the Owner orders a suspension , the Contract price <br /> and Contract time shall be adjusted for increases in the cost and time caused by suspension , delay or <br /> interruption . No adjustment shall be made to the extent that performance is , was or would have been so <br /> suspended , delayed or interrupted by another cause for which the Contractor is responsible ; or that an <br /> equitable adjustment is made or denied under another provision of this Contract. <br /> GC 52 CONTRACTOR OBLIGATIONS UPON TERMINATION . <br /> Upon receipt of written notice from the Owner of termination , the Contractor shall cease <br /> operations as directed by the Owner in the notice ; take actions necessary , or that the Owner may direct, <br /> for the protection and preservation of the work ; and except for work directed to be performed prior to the <br /> effective date of termination stated in the notice , terminate all existing subcontracts and purchase orders <br /> and enter into no further subcontracts and purchase orders ; and turn over all marked up drawings and <br /> specifications showing progress to date . The Owner may assume and become liable at is sole discretion <br /> for obligations , commitments and unsettled contractual claims that the Contractor has previously <br /> undertaken or incurred in good faith in connection with said Project. Owner shall reimburse the <br /> Contractor for any unpaid and earned Cost of the Project as of the date of termination , less damages or <br /> setoffs applicable under the Contract Documents . The Contractor shall , as a condition of receiving the <br /> payments referred to herein , execute and deliver all such papers and take all such steps including the <br /> legal assignment of his contractual rights , as the Owner may require for the purpose of fully vesting in him <br /> the rights and benefits of the Contractor under such obligations or commitments . <br /> GC 53 REMOVAL OF EQUIPMENT . <br /> In the case of termination of this Contract before completion , from any cause whatsoever, the <br /> Contractor, if notified to do so by the Owner, shall promptly remove any part or all of its equipment and <br /> supplies from the property of the Owner, failing which the Owner shall have the right to remove such <br /> equipment and supplies at the expense of the Contractor. <br /> GC 54 WARRANTY . <br /> Contractor shall warrant that all materials and equipment included in such Work will be new <br /> except where indicated otherwise in Contract Documents , and that such work will be of good quality , free <br /> from improper workmanship and defective materials and in conformance with the drawings and <br /> specifications . Contractor warrants all equipment, materials and labor furnished under this Contract <br /> against defect in design , materials and workmanship for a period of twelve ( 12 ) months from <br /> Final <br /> Payment, unless longer warranties are provided in the Contract Documents in which case the longer <br /> period prevails . The Contractor shall collect and deliver to the Owner any specific written warranties <br /> given by others as required by the Contract Documents . Notwithstanding any provisions in the Contract <br /> Documents to the contrary , this express warranty shall commence on the date the Owner obtains the final <br /> certificate of occupancy for the Project (or equivalent) . The Contractor shall conduct, jointly with the <br /> Owner, a warranty inspection nine (9) months after the date of Final Completion . Upon receipt of Notice <br /> from the Owner of failure of any part of the guaranteed equipment or materials during the guarantee <br /> period , the defective parts or materials shall be replaced promptly with new parts or materials by the <br /> Contractor , at no expense to the Owner. <br /> 47 <br /> 12/1/2009 3:45:46 PM <br />