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View Bid - Loudoun Water

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<strong>Loudoun</strong> <strong>Water</strong> May 28, 2013<br />

shall be amended accordingly, and the Contractor shall<br />

be paid the agreed amount.<br />

8.4.1.6. In the event that the parties cannot agree on the whole<br />

amount to be paid to the Contractor by reason of<br />

termination under this clause, the Manager of<br />

Procurement and Risk shall pay to the Contractor the<br />

amounts determined as follows, without duplicating any<br />

amounts which may have already been paid under the<br />

preceding paragraph of this clause:<br />

8.4.1.6.1. with respect to all Contract performance<br />

prior to the effective date of Notice of<br />

Termination, the total of:<br />

8.4.1.6.1.1. cost of work performed or<br />

supplies delivered;<br />

8.4.1.6.1.2. the cost of settling and<br />

paying any reasonable<br />

claims as provided in<br />

Paragraph 8.4.1.3.1, above;<br />

8.4.1.6.1.3. a sum as profit determined<br />

by the Manager of<br />

Procurement and Risk to be<br />

fair and reasonable.<br />

8.4.1.6.2. With respect to all Contract performance<br />

prior to the effective date of Notice of<br />

Termination the total sum to be paid<br />

under Paragraph 8.4.1.6.1,above shall not<br />

exceed the contract price, as reduced by<br />

the amount of payments otherwise made,<br />

and as further reduced by the contract<br />

price of work or supplies not terminated.<br />

8.4.1.7. In the event that the Contractor is not satisfied with<br />

any payments which the Manager of Procurement and<br />

Risk shall determine to be due under this clause, the<br />

Contractor may appeal any claim to the General<br />

Manager in accordance with Section 8.7 of this contract<br />

concerning Disputes.<br />

8.4.1.8. When termination for the convenience of <strong>Loudoun</strong><br />

<strong>Water</strong> is a provision of this Contract, the Contractor<br />

shall include similar provisions in any subcontract, and<br />

shall specifically include a requirement that<br />

subcontractors make all reasonable efforts to mitigate<br />

damages which may be suffered. Failure to include<br />

such provision shall bar the Contractor from any<br />

recovery from <strong>Loudoun</strong> <strong>Water</strong> whatsoever of loss or<br />

damage sustained by a subcontractor as a consequence<br />

of termination for convenience.<br />

Granular Activated Carbon<br />

For BRWRF 23 IFB No. 2013-011-240

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