Default by Program Manager. In the event the Program Manager through any cause fails to perform any of the material terms, covenants or provisions of this Contract, or if he for any cause fails to make progress in the services hereunder in a reasonable manner, the Owner shall have the right to terminate this Contract by giving notice in writing of the fact and date of such termination to the Program Manager. The termination date shall be no less than seven calendar days after receipt of the termination notice. Upon termination, all records and other documents relating to the design of the Project or Construction Contract Administration of the Work shall be surrendered forthwith by the Program Manager to the Owner. In such case, the Program Manager shall receive proper compensation for such services that have been satisfactorily performed by the Program Manager up to the date of termination of this Contract. In the event of a dispute, an independent auditor selected and paid for by the Owner shall determine proper compensation. The Owner may take over the services to be provided hereunder and may prosecute the same to completion by separate contract or otherwise, and the Program Manager shall be liable to the Owner for any excess cost occasioned the Owner thereby.
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