Termination After GMP Change Order. Should such termination occur after the entry of the GMP Change Order, the Owner shall pay Design-Builder, up to the unpaid balance of the GMP, for (1) all Actual Costs, Contingency Costs and lump sum amounts earned to the date of such termination; (2) all other costs attributable to the termination (including by way of illustration only, cancellation charges owed to and other incurred obligations, commitments and claims of Trade Contractors or Trade Suppliers) and for which Design-Builder is not otherwise compensated; (3) a proportionate amount of Design-Builder's Fee that bears to the total Fee under the GMP Change Order the same ratio that the Actual Cost and lump sum amounts due with respect to the Work in place at the date of termination bears to the Estimated Cost Component of the GMP Change Order; (4) fair compensation by purchase or rental (at Owner's election), for any equipment retained by Owner, to the extent it has not already paid for same as an item of Actual Cost or Contingency Cost; and (5) Reasonable Termination Expenses.
Termination After GMP Change Order. Should such termination occur after the entry of the GMP Change Order, the Owner shall pay Construction Manager, up to the unpaid balance of the GMP, for (1) all Actual Costs, Contingency Costs and lump sum amounts earned to the date of such termination; (2) all other costs attributable to the termination (including by way of illustration only cancellation charges owed to and other obligations, commitments and claims of Trade Contractors or Trade Suppliers) and for which Construction Manager is not otherwise compensated; (3) a proportionate amount of Construction Manager's Fee which bears to the total Fee under the GMP Change Order the same ratio which the Actual Cost and lump sum amounts due with respect to the Work in place at the date of termination bears to the Estimated Cost Component of the GMP Change Order; and (4) fair compensation by purchase or rental (at Owner's election), for any equipment retained by Owner, to the extent it has not already paid for same as an item of Actual Cost or Contingency Cost. In the event of termination, the Owner may also request the assignment to the Owner or to an entity of Owner's choice from Construction Manager of all Trade Contracts entered into by Construction Manager and in that event the assignee shall be solely obligated to Trade Contractors and Trade Suppliers under such Trade Contracts for all sums payable thereunder and not previously paid by the Owner to Construction Manager.
