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agreements , either written or oral . This Part 2 Agreement may be amended only by written instrument and signed by both the Owner and the Design/Builder . ARTICLE 12 TERMINATION OF THE AGREEMENT § 12 . 1 TERMINATION BY THE OWNER § 12 . 1 . 1 This Part 2 Agreement may be terminated by the Owner upon 14 days' written notice to the Design/Builder in the event that the Project is abandoned . If such termination occurs , the Owner shall pay the Design/Builder for Work completed and for proven loss sustained upon materials , equipment , tools , and construction equipment and machinery , including reasonable profit and applicable damages . § 12 . 1 . 2 If the Design/Builder defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform the provisions of this Part 2 Agreement , the Owner may give written notice that the Owner intends to terminate this Part 2 Agreement . If the Design/Builder fails to correct the defaults , failure or neglect within seven ( 7) days after being given notice , the Owner may then give a second written notice and , after an additional seven (7) days , the Owner may without prejudice to any other remedy terminate the employment of the Design/Builder and take possession of the site and of all materials , equipment , tools and construction equipment and machinery thereon owned by the Design/Builder and finish the Work by whatever method the Owner may deem expedient . If the unpaid balance of the Contract Sum exceeds the expense of finishing the Work and all damages incurred by the Owner, such excess shall be paid to the Design/Builder . If the expense of completing the Work and all damages incurred by the Owner exceeds the unpaid balance , the Design/Builder shall pay the difference to the Owner. This obligation for payment shall survive termination of this Part 2 Agreement . § 12 . 2 TERMINATION BY THE DESIGN/BUILDER § 12 . 2 . 1 If the Owner fails to make payment when due in accordance with the Florida Prompt payment Act , FS§ 218 . 70 et seg . , the Design/Builder may give written notice of the Design/ Builder's intention to terminate this Part 2 Agreement . If the Design/Builder fails to receive payment in accordance with the Florida Prompt payment Act FS § 218 . 70 et seq . , the Design/Builder may give a second written notice and , seven (7) days after receipt of such second written notice by the Owner, may terminate this Part 2 Agreement and recover from the Owner payment for Work executed and for proven losses sustained upon materials , equipment , tools , and construction equipment and machinery , including reasonable profit and applicable damages . ARTICLE 13 BASIS OF COMPENSATION The Owner shall compensate the Design/Builder in accordance with Article 5 , Payments , and the other provisions of this Part 2 Agreement as described below. 21