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(2) if CONSULTANT neglects or refuses to correct defective work or replace defective parts <br />or equipment, as directed by the Engineer pursuant to an inspection; <br />(3) if in the OWNER's opinion CONSULTANT's work is being unnecessarily delayed and will <br />not be finished within the prescribed time,- <br />(4) <br />ime;(4) if CONSULTANT assigns this Contract or any money accruing thereon or approved <br />thereon; or <br />(5) if CONSULTANT abandons the work, is adjudged bankrupt, or if he makes a general <br />assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONSULTANT <br />or for any of his property. <br />B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify <br />CONSULTANT in writing of the grounds for termination and provide CONSULTANT with ten (10) <br />calendar days to cure the default to the reasonable satisfaction of the OWNER. <br />C. If the CONSULTANT fails to correct or cure within the time provided in the preceding Sub -Article <br />B, OWNER may terminate this Contract by notifying CONSULTANT in writing. Upon receiving <br />such notification, CONSULTANT shall immediately cease all work hereunder and shall forfeit any <br />further right to possess or occupy the site or any materials thereon; provided, however, that the <br />OWNER may authorize CONSULTANT to restore any work sites. <br />D. The CONSULTANT shall be liable for: <br />(1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new <br />contract; and <br />(2) the difference between the cost of completing the new contract and the cost of completing <br />this Contract; <br />(3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to <br />enforce its rights herein. <br />E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate <br />CONSULTANT's services and work for OWNER's convenience. Upon receipt of notice of such <br />termination CONSULTANT shall, unless the notice directs otherwise, immediately discontinue <br />the work and immediately cease ordering of any materials, labor, equipment, facilities, or <br />supplies in connection with the performance of this Contract. Upon such termination Consultant <br />shall be entitled to payment only as follows: <br />(1) the actual cost of the work completed in conformity with this Contract and the <br />specifications; plus, <br />(2) such other costs actually incurred by CONSULTANT as are permitted by the prime contract <br />and approved by the OWNER. <br />Consultant shall not be entitled to any other claim for compensation or damages against the <br />County in the event of such termination. <br />10 <br />