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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />and (b) the difference between the fair market value of the Project. as constructed and <br />the fair market value of the Project had it not been constructed in such a manner <br />as to include defective or non- conforming Work. <br />If the remaining portion of the unpaid Contract Price, if any, is insufficient to <br />compensate the City for its acceptance of defective or non -conforming Work, the <br />Contractor shall, upon written demand from the City, pay the City such remaining <br />compensation for accepting defective or non -conforming Work. <br />ARTICLE XII <br />CONTRACT TERMINATION <br />12.1 Termination by the Contractor <br />12.1.1 If the Work is stopped for a period of ninety (90) days by an order of any court <br />or other public authority, or as a result of an act of the Government, through no <br />fault of the Contractor or any person or entity working directly or indirectly for <br />the Contractor, the Contractor may, upon twenty (20) days' written notice to the City <br />and the City's Representative terminate performance under this Contract and recover <br />from the City payment for the actual reasonable expenditures of the Contractor (as <br />limited in Subparagraph 10.3 above) for all Work executed and for materials, <br />equipment, tools, construction equipment and machinery actually purchased or rented <br />solely for the Work, less any salvage value of any such items, and any out of pocket <br />cancellation costs related to lower tier contractors and suppliers. <br />12.1.2 If the City shall persistently or repeatedly fail to perform any material <br />obligation to the Contractor for a period of thirty (30) days after receiving written <br />notice from the Contractor of its intent to terminate hereunder, the Contractor may <br />terminate performance under this Contract by written notice to the City's Representative <br />and the City. In such event, the Contractor shall be entitled to recover from the City as <br />though the City had terminated the Contractor's performance under this Contract for <br />convenience pursuant to Subparagraph 12.2.1 hereunder. <br />12.2 Termination by the City <br />12.2.1 For Convenience <br />12.2.1.1 The City may for any reason whatsoever terminate performance <br />under this Contract by the Contractor for convenience. The City shall give <br />written notice of such termination to the Contractor specifying when termination <br />becomes effective. <br />12.2.1.2 The Contractor shall incur no further obligations in connection with <br />the Work and the Contractor shall stop Work when such termination becomes <br />effective. The Contractor shall also terminate outstanding orders and <br />subcontracts. The Contractor shall settle the liabilities and claims arising out of <br />the termination of subcontracts and orders. The City may direct the Contractor to <br />COMTECH ENGINEERING, INC. 31 <br />