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Van Fleet Water Production Facility Improvements BVP 13-196 equipment not incorporated in the work but delivered and suitably stored, less the aggregate of payments previously made. If the direct and indirect costs of completing the work exceed the unpaid balance of the contract price, the Contractor shall pay the difference to the County. Such costs incurred by the County shall be verified by the Professional and incorporated in a Change Order; but in finishing the work the Contractor shall not be required to obtain the lowest figure for the work performed. The Contractor's obligations to pay the difference between such costs and such unpaid balance shall survive termination of the agreement. 17.2.2 In the event the County terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination,the termination for convenience provision will be the means for disposition of the balance of the contract obligations. 17.3 Termination for Convenience 17.3.1 Upon seven (7) working days' written notice to the Contractor and the Professional, the County may, without cause and without prejudice to any other right or remedy of the County, elect to terminate the Contract. In such case,the Contractor shall be paid(without duplication of any items): a) For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; b) For expenses sustained prior to the effective date of termination in performing services and furnishing labor, material or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; C) For all claims, costs, losses and damages incurred in settlement of terminated contracts with subcontractors, suppliers and others; and d) For reasonable expenses directly attributable to termination. The Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 17.3.2 If through no act or fault of the Contractor, the Work is suspended for a period of more than ninety (90) calendar days by the County, or under an order of court or other public authority, or the Professional fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or the County fails for thirty-one (3 1) calendar days to pay the Contractor any sum finally determined to be due, then the Contractor may, upon seven (7) working days' written notice to the County and the Professional, terminate the Agreement and recover from the County payment on the same terms as provided in 17.2.2, provided the County or the Professional did not remedy such suspension or failure within that time. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if the Professional has failed for thirty-one (3 1) calendar days to pay the Contractor any sum finally determined to be due, the Contractor may upon seven (7) days' written notice to the County and the Professional stop the Work until payment is made of all such amounts due the Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude the Contractor from making claim under Articles 12 and 13 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly attributable to the Contractor's stopping Work as permitted by this paragraph. 89 1 � ;L - $q