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established and deducted from payments due. To the extent Owner's damages exceed the payments due Design -Builder, such excess will be paid by Design -Builder to Owner within ten days of Owner's written demand for same to Design -Builder. 8.4 Upon 30 days written notice to Owner, the Design -Builder may terminate this Contract only if the Design -Builder is not in default of any term, provision, or covenant of this Contract, and only upon or after the occurrence of the inability of Design -Builder to perform work for a period of longer than 90 consecutive days due to war, terrorism, or the issuance of any order, rule or regulation by a competent governmental authority or court having jurisdiction over the Owner preventing Design -Builder from operating its business or proceeding with the Contract Work for a period of longer than 90 consecutive days; provided, however, that such inability or such order, rule or regulation is not due to any fault or negligence of Design -Builder. 8.5 In the event this Contract is terminated or in the event that a Part 2 Contract is not executed, Owner will be entitled to retain and use all Project Documents furnished or prepared by or for the Design -Builder or design professionals employed or retained by the Design -Builder as set forth in Paragraph 3.1. 8.6 In the event the Owner terminates Design -Builder for cause pursuant to this Article 8 and it is later determined that such termination was not proper or such termination right was not otherwise available to the Owner, such termination will be deemed a termination without cause and Design -Builder's rights and remedies will be limited to those set forth in Paragraph 8.2 above. 8.7 In the event of termination, the Design -Builder consents to Owner's selection of a successor design -builder of the Owner's choice to assist the Owner in completing the Project, provided that (1) for a termination for cause, the Owner exercises its rights in good faith, and (2) for any termination for convenience, the Owner makes all payments due to Design -Builder under this Contract. The Design -Builder further agrees to cooperate and provide any information reasonably requested by the Owner in connection with the completion of the Project and consents to and authorizes the making of any reasonable changes to the Design -Builder's instruments of service by the Owner and successor design builder as the Owner may desire. In the event that the Design -Builder is terminated and a successor design -builder is employed to complete the Project, the Design -Builder shall not be liable for the successor design -builder's work. However, the Design -Builder remains liable under this Contract for all its acts and omissions up to and including the date of termination and subsequent provision of any information required to be provided under this provision. 8.8 Design -Builder certifies that it and those related entities of Design -Builder as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. Owner may terminate this Contract if Design -Builder, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. In addition, if this agreement is for goods or services of one million dollars or more, Design -Builder certifies that it and those related entities of Design -Builder as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and Ixora Park Infrastructure Improvements 14