Common use of No Agreement as to Amount of Claim Clause in Contracts

No Agreement as to Amount of Claim. In the event of the failure of Contractor and Owner to agree upon the whole amount to be paid to Contractor by reason of the termination of work pursuant to this Article 27, Owner shall authorize payment to Contractor of the amounts determined by Owner as follows, but without duplication of any amounts agreed upon in accordance with Section 27.5: (a) With respect to all Work performed prior to the effective date of the Notice of Termination, the total, without duplication of any items, of the following: (i) The cost of such Work, less payments made by Owner for Work performed; (ii) The cost of settling and paying Claims arising out of the termination of work under Subcontracts or orders as provided in Section 27.2, exclusive of the amount paid or payable on account of supplies or Equipment and Materials delivered or services furnished by the Subcontractors prior to the effective date of Notice of Termination, which amounts shall be included in the cost on account of which payment is made under Section 27.5; and (iii) A sum, as profit on amounts payable under Section 27.6(a)(i), determined by Owner to be fair and reasonable; provided, however, that if it appears that Contractor would have sustained a loss on the entire Contract had it been completed, no profit shall be included or allowed and an appropriate adjustment shall be made reducing the amount of the settlements to reflect the indicated rate of loss; and (b) The reasonable cost of the preservation and protection of property incurred pursuant to Section 27.2; and any other reasonable cost incidental to the termination, including expense incidental to the determination of the amount due to Contractor as the result of the termination.

No Agreement as to Amount of Claim. In the event of the failure of Contractor and Owner to agree upon the whole amount to be paid to Contractor by reason of the termination of work pursuant to this Article 27, Owner shall authorize payment to Contractor of the amounts determined by Owner as follows, but without duplication of any amounts agreed upon in accordance with Section 27.5: (a) With respect to all Work performed prior to the effective date of the Notice of Termination, the total, without duplication of any items, of the following: (i) The cost of such Work, less payments made by Owner for Work performed; (ii) The cost of settling and paying Claims arising out of the termination of work under Subcontracts or orders as provided in Section 27.2, exclusive of the amount paid or payable on account of supplies or Equipment and Materials materials delivered or services furnished by the Subcontractors prior to the effective date of Notice of Termination, which amounts shall be included in the cost on account of which payment is made under Section 27.5; and (iii) A sum, as profit on amounts payable under Section 27.6(a)(i), determined by Owner to be fair and reasonable; provided, however, that if it appears that Contractor would have sustained a loss on the entire Contract had it been completed, no profit shall be included or allowed and an appropriate adjustment shall be made reducing the amount of the settlements to reflect the indicated rate of loss; and (b) The reasonable cost of the preservation and protection of property incurred pursuant to Section 27.2; and any other reasonable cost incidental to the termination, including expense incidental to the determination of the amount due to Contractor as the result of the termination.