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§ 12.2.4 If the Owner's accountants report the Cost of the Work as substantiated by the Contractor' s final accounting <br /> to be less than claimed by the Contractor. the Contractor shall be entitled to demand arbitration of the disputed <br /> amount without a further decision of the Architect. Such demand for arbitration shall be made by the Contractor <br /> within 30 days after the Contractor' s receipt of a copy of the Architect' s final Certificate for Payment; failure to <br /> demand arbitration within this 30-day period shall result in the substantiated amount reported by the Owner' s <br /> accountants becoming binding on the Contractor. Pending a final resolution by arbitration, the Owner shall pay the <br /> Contractor the amount certified in the Architect' s final Certificate for Payment. <br /> § 12.2.5 If, subsequent to final payment and at the Owner's request, the Contractor incurs costs described in Article 7 <br /> and not excluded by Article 8 to correct defective or nonconforming Work, the Owner shall reimburse the <br /> Contractor such costs and the Contractor' s Fee applicable thereto on the same basis as if such costs had been <br /> incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Contractor has <br /> participated in savings as provided in Section 5 .2, the amount of such savings shall be recalculated and appropriate <br /> credit given to the Owner in determining the net amount to be paid by the Owner to the Contractor. <br /> ARTICLE 13 TERMINATION OR SUSPENSION <br /> § 13.1 The Contract may be terminated by the Contractor, or by the Owner for convenience, as prodded in Article <br /> 14 of AIA Document A201 - 1997. However, the amount to be paid to the Contractor under Section 14. 1 .3 of AIA <br /> Document A201 -1997 shall not exceed the amount the Contractor would be entitled to receive under Section 13 . 2 <br /> below, except that the Contractor' s Fee shall be calculated as if the Work had been fully completed by the <br /> Contractor, including a reasonable estimate of the Cost of the Work for Work not actually completed. <br /> § 13.2 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document A201 - <br /> 1997 . The amount, if any, to be paid to the Contractor under Section 14.2.4 of AIA Document A201- 1997 shall not <br /> cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: <br /> § 13.2.1 Take the Cost of the Work incurred by the Contractor to the date of termination; <br /> § 13.2.2 Add the Contractor' s Fee computed upon the Cost of the Work to the date of termination at the rate stated in <br /> Section 5 . 1 .2 or, if the Contractor' s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio <br /> to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the <br /> probable Cost of the Work upon its completion; and <br /> § 13.2.3 Subtract the aggregate of previous payments made by the Owner. <br /> § 13.3 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the <br /> Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included <br /> in the Cost of the Work under Section 13.2. 1 . To the extent that the Owner elects to take legal assignment of <br /> subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the <br /> payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the <br /> legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for <br /> the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or <br /> purchase orders. <br /> § 13.4 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 - 1997 ; in such <br /> case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3 .2 of AIA <br /> Document A201 -1997 except that the term "profit" shall be understood to mean the Contractor' s Fee as described in <br /> Sections 5 . 1 .2 and Section 6.4 of this Agreement. <br /> ARTICLE 14 MISCELLANEOUS PROVISIONS <br /> § 14.1 Where reference is made in this Agreement to a provision AIA Document A201 - 1997 or another Contract <br /> Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract <br /> Documents. <br /> § 14.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt <br /> Payment Act, FS 218.72 et. seq. <br /> (Insert rate of interest agreed upon, if any. ) <br /> AIA Document A711 " — 1997. Copyright © 1920, 1925, 1951 , 1958, 1961 , 1963, 1967, 1974, 1978, 1987 and 1997 by The American Institute of Architects. <br /> All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 9 <br /> distribution of this AIAs Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum <br /> extent possible under the law. This document was produced by AIA software at 10:41 :42 on 12/2812007 under Order No. 1000304448_1 which expires on <br /> 5129/2008, and is not for resale. <br /> User Notes: (4283860081 ) <br />