Contractor Payment of Completion Costs. Within a reasonable time after a termination of this Agreement by Client pursuant to this Article 18, Client shall provide EPC Contractor with a schedule of values estimating the cost to complete the Work. As soon as practicable thereafter, Client shall determine the total expenses incurred in completing the Work (the “Completion Cost”). If the Completion Cost exceeds the unpaid portion of the Contract Price at the time of the termination, then EPC Contractor shall pay Client the difference within twenty
Contractor Payment of Completion Costs. Within a reasonable time after a termination of this Agreement by Client pursuant to Section 16.2 or Section 16.3, Client shall provide EPC Contractor with a schedule of values estimating the cost to complete the Work. As soon as practicable thereafter, Client shall determine the total expenses incurred in completing the Work, on a commercially reasonable basis (the “Completion Cost”). If the Completion Cost exceeds the unpaid portion of the Contract Price at the time of the termination, then EPC Contractor shall pay Client the difference within twenty (20) Days following receipt of Client’s written demand for payment up to 100% of the EPC contract, provided that this cap on EPC Contractor liability shall not apply if EPC Contractor’s undertaking of the Work was grossly negligent, fraudulent or if EPC Contractor engaged in willful misconduct, all NTP of which shall be accompanied by reasonable supporting documentation. Client shall act in good faith and in a commercially reasonable manner to mitigate any damages it may suffer. Under such circumstances, Client shall not be required to pay additional amounts to EPC Contractor. If the unpaid portion of the Contract Price at the time of the termination of this Agreement exceeds the Completion Cost, then Client shall pay to EPC Contractor the amount of such excess within twenty (20) Days after Client’s determination of the Completion Cost.
