7Owner's Rights Upon Termination For Default. 1If all or a portion of the Contractor's Work is terminated pursuant to this Section 12.1, neither Contractor nor its surety, if any, shall be entitled to receive any payment until after Final Completion by others and after Owner has assessed its additional costs and damages arising out of such termination, including but not limited to Owner's additional costs for completing all or the relevant portion of the Work, additional costs for remedial design services, managerial and administrative services, attorneys' fees and court costs arising out of such termination. If Owner's costs and damages are in excess of the Contract Price, Contractor shall pay Owner for all costs and damages in excess of the Contract Price. .2The Owner shall not be required to obtain proposals for completing such Work, but may make such expenditures as in the Owner’s sole judgment will best accomplish such completion. In the alternative, Owner shall have the right, but not the obligation, to make demand upon the surety of the Contractor's performance bond, if any, to complete the Contract. .3Upon such termination, Contractor shall immediately undertake all necessary steps to mitigate against Owner's damages, including but not limited to the following: .1Cease operations and vacate the Site to the extent specified in the notice of termination; .2Place no further orders and enter into no further subcontracts or purchase orders for materials, labor, services or facilities that relate to the terminated Work; .3Make an inventory of all materials and equipment in storage at the Site, in route to the Site, in storage or manufacture away from the Site, and on order from Vendors; .4Upon Owner's request, terminate all subcontracts and purchase orders which relate to the terminated Work; .5Upon request and as directed by Owner, assign all of Contractor's right, title and interest to all subcontracts, purchase orders, rental agreements, materials, supplies and equipment using forms satisfactory to Owner and otherwise assist Owner in the orderly and expeditious transfer of such rights; .6Turn over to Owner the originals of the Base-Line Schedule, all Schedule Updates and all Revised Schedules including all computer data bases on diskettes; all Drawings, Specifications and other construction documents; all as-built drawings, calculations and such other Work-related documents which may be needed to facilitate completion of the Work by others; .7Proceed to complete the performance of all Work not te...
