Default or Termination after GMP. Upon default or termination of this Contract as set forth above after entry of a Component Change Order or GMP Change Order, the Owner shall have the right to take possession of the Work, together with all materials, equipment, tools and improvements thereon and to finish the Work by whatever reasonable method the Owner may deem expedient. In such case, Design-Builder shall not be entitled to receive any further payment until the Work is completed and shall take all necessary steps, including the legal assignment of its contract rights, as the Owner may require for the purpose of fully vesting in the Owner or the entity of Owner's choice the rights and benefits of Design-Builder under such obligations or commitments as the Owner may elect. Upon final completion of the Work governed by Change Orders then in force (including the GMP Change Order), Design-Builder shall pay the Owner the amount, if any, that the total cost of completing the Work governed by Change Orders in force at the time of default or termination (including the GMP Change Order), plus any damages recoverable by Owner for delays in completion, together with amounts previously paid to Design-Builder, exceeds the amount stated in the Change Orders (including the GMP Change Order) in force at the time of said default or termination. If there is no such excess, the Owner shall pay Design-Builder any portion of the Actual Cost and lump sum amounts due with respect to the Work and the Design-Builder's Fee that has not previously been paid and that was owed to Design-Builder at the time of termination under Change Orders then in force, so long as the total amount paid by the Owner for completing the Work under such Change Orders, including all costs and damages incurred by the Owner as a result of any delay in completion, and all amounts previously paid to Design-Builder, do not exceed the amount stated in the Change Orders (including the GMP Change Order) in force at the time of termination.
