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4.0 TERMINATION/DEFAULT 4.1 If the CONTRACTOR shall be adjudged as bankrupt, or if he should make a general assignment for the benefit of his creditor(s), or -if a receiver shall be appointed for the CONTRACTOR, or if he should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper materials, or if he should refuse or fail to make payment to persons supplying labor or materials for the work under the contract, or persistently disregards instructions of the OWNER, or fails to observe or perform, or be guilty of a substantial violation of any provision of the contract documents, then the OWNER, after serving at least ten (10) days prior= notice to the CONTRACTOR of its intent to terminate, and such default shall - continue unremedied for a period of ten (10) days, may terminate the contract without prejudice to any other rights or remedies and take possession of the work; and the OWNER may take possession of, and utilize in completing the work, such materials, appliances and equipment as may be on the site of the work and necessary therefore. The CONTRACTOR shall be liable to 4 the OWNER for any damages resulting from such default. j 5.0 DELAY 5.1 Notwithstanding the contract schedule, the County shall have the right to delay performance for up tothree (3) months as necessary or desirable, and such delay shall not be deemed a breach of contract, but the contract schedule shall be extended for a period equivalent to the time lost by t t reason of the County's delay. 5.2 If the work is stopped or delayed for more than three (3) months, either in whole or in substantial part, either the County or CONTRACTOR may elect to terminate the contract because of such delay. If such stoppage or delay is due to actions taken by the County within its control, Contractor's sole remedy under the contract shall be reimbursement for costs reasonably expended in preparation for or in performance of the contract plus Contractor's lost profit for the period of Contractor's performance on the job site. 5.3 If the performance of the contract is delayed by fire, lightning, earthquake, cyclone or other such cause completely beyond the control of either the County or CONTRACTOR, then :the time for completion of the contract shall be extended for a period equivalent to the time lost by reason of any of the aforesaid causes. 6.0 WARRANTY/GUARANTEE 6.1 CONTRACTOR warrants and guarantees to OWNER :that all materials will be new unless otherwise specified and that all work will be of good quality and free from defects and in accordance with the Specifications. 6.2 CONTRACTOR agrees to remedy promptly and without cost to OWNER, any defective materials or workmanship which appear within one (1) year from the date of completion of the u.: work. 6.3 No provision contained in these Specifications shall be held to limit Contractor's liability for defects to less than the legal limit of liability in accordance with law. 6.4 No provision contained in these Specifications shall be held to limit the terms and conditions of the Manufacturer's Warranty and CONTRACTOR shall secure parts, materials and equipment >� to be installed with Manufacturer's full warranty as to parts and service for one (1) year wherever tir possible, Qf. 13