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<br />ATTACHMENT <br /> <br />Bid/Contract Documents <br />(Plans, timelines, cost breakdowns and specifications included in bid packages to become part of the <br />Agreement) <br /> <br />ARTICLE XVI <br /> <br />TERMINA TION BY OWNER <br /> <br />16.1 If Contractor fails to abide by any provisions of the Agreement, or defaults in its <br />obligation to perform the Work in accordance with the Contract Documents, Owner may, after seven <br />days written notice to Contractor and without prejudice to any other remedy it may have, make good <br />such deficiencies and deduct the cost thereof from the payment then or thereafter due Contractor or, at its <br />option, may terminate the Agreement and take possession of the site and of all materials, equipment, <br />tools, and construction equipment and machinery thereon owned by Contractor and may finish the Work <br />by whatever method it may deem expedient, and if the unpaid balance of the Project Sum exceeds the <br />expense of finishing the Work, such excess shall be paid to Contractor, but if such expense exceeds such <br />unpaid balance, Contractor shall pay the difference to Owner. Contractor shall also be responsible to <br />pay to Owner any documented costs or damages occasioned by Owner due to the default by Contractor. <br /> <br />Termination pursuant to Articles XV and XVI will not affect Owner's rights against <br />Contractor, or Contractor's warranty, indemnity and other obligations which by their terms survive or <br />extend beyond termination. <br /> <br />ARTICLE XVII <br /> <br />MISCELLANEOUS <br /> <br />17.1 Notice. Any notices under the Agreement or the General Conditions will be in writing <br />and deemed received when personally delivered or sent by registered mail or certified mail, return <br />receipt requested, expedited mail service, or facsimile with proof of delivery to the addresses set forth <br />below: <br /> <br />If to Contractor: <br /> <br />Attn: <br /> <br />If to Owner: <br /> <br />7-Eleven, Inc. <br />1300 Lee RD <br />Orlando, FL 32810 <br />Attn: Anthony M. Edwards <br /> <br />17.2 Choice of Law. The Agreement and General Conditions will be deemed to be made <br />under, and will be construed in accordance with the laws of the state where the Project is located. <br /> <br />128770 <br />Form <br />4400158 <br />5/04 <br /> <br />GC <br /> <br />