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.1 damages incurred by the Owner for rental expenses, for losses of use, income,
<br /> profit, financing, business and reputation, and for loss of management or employee productivity or
<br /> of the services of such persons; and
<br /> .2 damages incurred by the Contractor for principal office expenses including the
<br /> compensation of personnel stationed there, for loss of use, for rental expenses, for losses of
<br /> financing, business and reputation, loss of employee productivity or the services of such persons,
<br /> and for loss of profit except anticipated profit arising directly from the Work.
<br /> 19.6 If Contractor is delayed at any time in the commencement or progress of the Work by an act or
<br /> neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the
<br /> Owner, or by changes ordered in the Work, or by labor disputes, fire, by acts of God, unusual
<br /> extraordinary weather events, unusual delay in deliveries, unavoidable casualties or other causes beyond
<br /> the Contractor's control or responsibility, or by other causes which the Architect determines may justify
<br /> delay, and the delay impacts the critical path of the Project's schedule, then the Contract Time shall be
<br /> extended by Change Order for such reasonable time as the Architect may determine; however, the Contract
<br /> Sum shall not be increased. It is the express and bargained for intent of the parties that the risk of any
<br /> monetary damages caused by any delays described in this Section or any other delays from any other cause
<br /> are accepted and assumed entirely by Contractor, and in no event shall any claim relating thereto for an
<br /> increase in the Contract Sum be made or recognized. Contractor shall not make any claim nor seek any
<br /> damages of any kind against Owner or Architect for any delays, impacts, disruptions, or interruptions of
<br /> any kind. Contractor's sole remedy for any delay, impact, disruption, or interruption caused by any of the
<br /> reasons listed in this Section shall be an equitable extension of time to perform the Work for each day of
<br /> such delay that impacts the critical path schedule of the Project.
<br /> ARTICLE 20 - TERMINATION OF THE CONTRACT
<br /> 20.1 If the Architect fails to recommend payment for a period of 30 days through no fault of the
<br /> Contractor, or if the Owner fails to make payment thereon for a period of 30 days, the Contractor may,
<br /> upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and
<br /> recover from the Owner payment for all Work executed and for proven loss with respect to materials,
<br /> equipment, tools, and construction equipment and machinery, including reasonable overhead and profit
<br /> applicable to the Project.
<br /> 20.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with
<br /> the Contract Documents, or fails to perform a provision of the Contract, the Owner, after seven days'
<br /> written notice to the Contractor and without prejudice to any other remedy the Owner may have, may
<br /> make good such deficiencies and may deduct the cost thereof, including compensation for the Architect's
<br /> services and expenses made necessary thereby, from the payment then or thereafter due the Contractor.
<br /> Alternatively, at the Owner's option, and upon certification by the Architect that sufficient cause exists to
<br /> justify such action, the Owner may terminate the Contract and take possession of the site and of all
<br /> materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor
<br /> and may finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of
<br /> the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services
<br /> and expenses made necessary thereby, such excess shall be paid to the Contractor, but if such costs exceed
<br /> such unpaid balance, the Contractor shall pay the difference to the Owner.
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