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LJ � �� � �� � � LJ � �l �� �, that sufficient cause exists to justify su�h action, may, without prejudice 'to any other r�ight or remedy and after giving the COr�TRACTOR seven days' written notice, terminate the services of the CONTR�CTOR and take pQssession of the Qroject �nd of all materials and eq�ipment thereon and finisf� �he Work by whatever method he may deem expe�ien�. Tn such case the CaiVTRACTOR shall not be entitled to receive any further payment unti1 the Work is finished. If the unpaid balance of the Contract PriCe exceeds the di a�ect and i ndi rect cos ts of compl eti ng the Project, i ncl udi ng compensation for additional professianal services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, tt�e CONTRACTOR �vill pay the difference to the OWNER. Such co�ts incurr�ed by the OWNER will b� d�termined by the ENGINEER and ir�carporated in a Change Order< 39.2 Where the CONTRACTOR'S s�rvices have been sp tertninated by the OWNER, said termination shall not affect any rights of the OWNER against the C�NTRACTOR then existing or which may thereafter accrue. Any retention or p�;�ment af rnonies by the OWNER due the CONTRACTOR will not releas� the CONT��CTOR f rom liability. 39.3 Upon seyen days' written not�ce to the CONTRACTOR and ENGINEER, the OWNER may, w�thout cause and without prejudice any other right or remedy, elect �o ahandon the Project and terminate the Agreement. In such case, the CONTRACTOR shall paid for 311 Work executed and any expense sustained pTus a reasonable profit. ARTICLE 40 - CONTR�ICTOR'S RIGHT TO STOP WORK OR TERMINATE the to be If, through no act or fau�t of the CONTRACTOR, any of �the events set forth in the following paragraphs occur, then the CONTRACT�R may upon ten days written notice to the OWNER and the ENGIIVEER terminate tfie agre�ment and recover from the OWNER payment for all work executed and any expenses sustained plus a reasonable profit: � The Work is days by the other public � ' � � � suspended for 041NER or under ��uthority, period of more than ninety an order of the Court or or The ENGINEER fails to act on any application for paym�nt within thirty days after it is submitted, or the OWNER fails ta pay the CONTRAC-OR any sum approved by �he ENGINEER or a4•�arded by arbitration within thirty days of its approval and presentation, and the CONTRACTOR has given written notice of such failure to act after said thi rty days has expi red wi thcui. :;uch fai 1 ure being remedi ed wi thi n fi ve days th�ereafter. � G-23 ,