Common use of Termination for Default (Construction Clause in Contracts

Termination for Default (Construction. If contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, or any extension, or fails to complete the work within this time, or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. the recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. In this event, the recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. Contractor and its sureties shall be liable for any damage to the recipient resulting from contractor's refusal or failure to complete the work within specified time, whether or not contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause if: 1. Delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractor. Examples of such causes include: acts of God, acts of the recipient, acts of another contractor in the performance of a contract with the recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. Contractor, within 10 days from the beginning of any delay, notifies the recipient in writing of the causes of delay. If in the recipient’s judgment, delay is excusable, the time for completing the work shall be extended. The recipient’s judgment shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of contractor's right to proceed, it is determined that contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if termination had been issued for the recipient’s convenience.

Termination for Default (Construction. If contractor the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, specified in this contract or any extension, extension or fails to complete the work within this time, or if contractor the Contractor fails to comply with any other provisions of this contract, the recipient (Recipient) may terminate this contract for default. the recipient The (Recipient) shall terminate by delivering to contractor the Contractor a notice Notice of termination Termination specifying the nature of the default. In this event, the recipient Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the recipient Recipient resulting from contractorthe Contractor's refusal or failure to complete the work within specified time, whether or not contractorthe Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient Recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause if:. 1. Delay the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractorthe Contractor. Examples of such causes include: acts of God, acts of the recipientRecipient, acts of another contractor Contractor in the performance of a contract with the recipientRecipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. Contractorthe contractor, within 10 [10] days from the beginning of any delay, notifies the recipient (Recipient) in writing of the causes of delay. If in the recipient’s judgmentjudgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The recipient’s judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of contractorthe Contractor's right to proceed, it is determined that contractor the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the recipient’s convenienceconvenience of the Recipient.

Termination for Default (Construction. If contractor the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure ensure its completion within the time specified, specified in this contract or any extension, extension or fails to complete the work within this time, or if contractor the Contractor fails to comply with any other provisions provision of this contract, the recipient Agency may terminate this contract for default. the recipient The Agency shall terminate by delivering to contractor the Contractor a notice Notice of termination Termination specifying the nature of the default. In this event, the recipient Agency may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the recipient Agency resulting from contractorthe Contractor's refusal or failure to complete the work within specified time, whether or not contractorthe Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient Agency in completing the work. The Contractor's right to proceed shall not be terminated nor shall contractor the Contractor be charged with damages under this clause if: 1. Delay The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractorthe Contractor. Examples of such causes include: acts of God, acts of the recipientAgency, acts of another contractor in the performance of a contract with the recipientAgency, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. The Contractor, within 10 [10] days from the beginning of any delay, notifies the recipient Agency in writing of the causes of delay. If If, in the recipient’s judgmentjudgment of Agency, the delay is excusable, the time for completing the work shall be extended. The recipient’s judgment of Agency shall be final and conclusive on for the parties, but subject to appeal under the Disputes clausesclause(s) of this contract. 3. If, after termination of contractorthe Contractor's right to proceed, it is determined that contractor the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the recipient’s convenienceconvenience of Agency.

Termination for Default (Construction. If contractor Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, or any extension, or fails to complete the work within this time, or if contractor Contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. the recipient shall terminate by delivering to contractor Contractor a notice of termination specifying the nature of default. In this event, the recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. Contractor and its sureties shall be liable for any damage to the recipient resulting from contractorContractor's refusal or failure to complete the work within specified time, whether or not contractorContractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor Contractor be charged with damages under this clause if: 1. a. Delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractorContractor. Examples of such causes include: acts of God, acts of the recipient, acts of another contractor Contractor in the performance of a contract with the recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. b. Contractor, within 10 days from the beginning of any delay, notifies the recipient in writing of the causes of delay. If in the recipient’s judgment, delay is excusable, the time for completing the work shall be extended. The recipient’s judgment shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of contractorContractor's right to proceed, it is determined that contractor Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if termination had been issued for the recipient’s convenience.

Termination for Default (Construction. If contractor the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, specified in this contract or any extension, extension or fails to complete the work within this time, or if contractor the Contractor fails to comply with any other provisions of this contract, the recipient (Recipient) may terminate this contract for default. the recipient The (Recipient) shall terminate by delivering to contractor the Contractor a notice Notice of termination Termination specifying the nature of the default. In this event, the recipient Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the recipient Recipient resulting from contractorthe Contractor's refusal or failure to complete the work within specified time, whether or not contractorthe Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor shall contractor be the Contractor charged with damages under this clause if:if- 1. Delay the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractorthe Contractor. Examples of such causes include: acts of God, acts of the recipientRecipient, acts of another contractor Contractor in the performance of a contract with the recipientRecipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. Contractorthe contractor, within 10 [10] days from the beginning of any delay, notifies the recipient (Recipient) in writing of the causes of delay. If in the recipient’s judgmentjudgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The recipient’s judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of contractorthe Contractor's right to proceed, it is determined that contractor the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the recipient’s convenienceconvenience of the Recipient.

Termination for Default (Construction. If the contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, specified in this contract or any extension, extension or fails to complete the work within this time, or if the contractor fails to comply with any other provisions of this contract, the recipient purchaser may terminate this contract for default. the recipient The purchaser shall terminate by delivering to the contractor a notice Notice of termination Termination specifying the nature of the default. In this event, the recipient purchaser may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. Contractor The contractor and its sureties shall be liable for any damage to the recipient purchaser resulting from the contractor's refusal or failure to complete the work within specified time, whether or not the contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient purchaser in completing the work. ContractorThe contractor's right to proceed shall not be terminated nor shall the contractor be charged with damages under this clause if:if- 1. Delay ) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the contractor. Examples of such causes include: acts of God, acts of the recipientpurchaser, acts of another contractor in the performance of a contract with the recipientpurchaser, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. Contractor) The contractor, within 10 [10] days from the beginning of any delay, notifies the recipient purchaser in writing of the causes of delay. If in the recipient’s judgmentjudgment of the purchaser, the delay is excusable, the time for completing the work shall be extended. The recipient’s judgment of the purchaser shall be final and conclusive on the parties, but subject to appeal under the Disputes disputes clauses. If, after termination of the contractor's right to proceed, it is determined that the contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the recipient’s convenienceconvenience of the purchaser.

Termination for Default (Construction. If contractor the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, specified in this contract or any extension, extension or fails to complete the work within this time, or if contractor the Contractor fails to comply with any other provisions of this contract, the recipient Purchaser may terminate this contract for default. the recipient The Purchaser shall terminate by delivering to contractor the Contractor a notice Notice of termination Termination specifying the nature of the default. In this event, the recipient Purchaser may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the recipient Purchaser resulting from contractorthe Contractor's refusal or failure to complete the work within specified time, whether or not contractorthe Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient Purchaser in completing the work. The Contractor's right to proceed shall not be terminated nor shall contractor be the Contractor charged with damages under this clause if: 1. Delay ) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractorthe Contractor. Examples of such causes include: acts of God, acts of the recipientPurchaser, acts of another contractor in the performance of a contract with the recipientPurchaser, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. ) The Contractor, within 10 days from the beginning of any delay, notifies the recipient Purchaser in writing of the causes of delay. If in the recipient’s judgmentjudgment of the Purchaser, the delay is excusable, the time for completing the work shall be extended. The recipient’s judgment of the Purchaser shall be final and conclusive on the parties, but subject to appeal under the Disputes disputes clauses. If, after termination of contractorthe Contractor's right to proceed, it is determined that contractor the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the recipient’s convenienceconvenience of the Purchaser.

Termination for Default (Construction. If contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, or any extension, or fails to complete the work within this time, or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. the The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. In this event, the recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. Contractor and its sureties shall be liable for any damage to the recipient resulting from contractor's refusal or failure to complete the work within specified time, whether or not contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause if: 1. Delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractor. Examples of such causes include: acts of God, acts of the recipient, acts of another contractor in the performance of a contract with the recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. Contractor, within 10 days from the beginning of any delay, notifies the recipient in writing of the causes of delay. If in the recipient’s judgment, delay is excusable, the time for completing the work shall be extended. The recipient’s judgment shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of contractor's right to proceed, it is determined that contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if termination had been issued for the recipient’s convenience.

Termination for Default (Construction. If contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure ensure its completion within the time specified, or any extension, or fails to complete the work within this time, or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. the recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. In this event, the recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. Contractor and its sureties shall be liable for any damage to the recipient resulting from contractor's refusal or failure to complete the work within specified time, whether or not contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause if: 1. Delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractor. Examples of such causes include: include acts of God, acts of the recipient, acts of another contractor in the performance of a contract with the recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. Contractor, within 10 days from the beginning of any delay, notifies the recipient in writing of the causes of delay. If in the recipient’s judgment, delay is excusable, the time for completing the work shall be extended. The recipient’s judgment shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of contractor's right to proceed, it is determined that contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if termination had been issued for the recipient’s convenience.

Termination for Default (Construction. If contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, or any extension, or fails to complete the work within this time, or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. the recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. In this event, the recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. Contractor and its sureties shall be liable for any damage to the recipient resulting from contractor's refusal or failure to complete the work within specified time, whether or not contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause if: 1. i. Delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractor. Examples of such causes include: acts of God, acts of the recipient, acts of another contractor in the performance of a contract with the recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2ii. Contractor, within 10 days from the beginning of any delay, notifies the recipient in writing of the causes of delay. If in the recipient’s judgment, delay is excusable, the time for completing the work shall be extended. The recipient’s judgment shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of contractor's right to proceed, it is determined that contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if termination had been issued for the recipient’s convenience. iii. Termination for Convenience or Default (Architect & Engineering) the recipient may terminate this contract in whole or in part, for the recipient's convenience or because of contractor’s failure to fulfill contract obligations. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature, extent, and effective date of termination. Upon receipt of the notice, contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the recipient all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If termination is for the recipient’s convenience, it shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If termination is for contractor’s failure to fulfill contract obligations, the recipient may complete the work by contact or otherwise and contractor shall be liable for any additional cost incurred by the recipient. If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipient’s convenience.

Termination for Default (Construction. If contractor Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, or any extension, or fails to complete the work within this time, or if contractor Contractor fails to comply with any other provisions of this contract, the recipient Recipient may terminate this contract for default. the recipient The Recipient shall terminate by delivering to contractor Contractor a notice of termination specifying the nature of default. In this event, the recipient Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. Contractor and its sureties shall be liable for any damage to the recipient Recipient resulting from contractorContractor's refusal or failure to complete the work within specified time, whether or not contractorContractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient Recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor Contractor be charged with damages under this clause if: : (1. ) Delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractorContractor. Examples of such causes include: acts of God, acts of the recipientRecipient, acts of another contractor Contractor in the performance of a contract with the recipientRecipient, epidemics, quarantine restrictions, strikes, freight embargoes; and and (2. ) Contractor, within 10 days from the beginning of any delay, notifies the recipient Recipient in writing of the causes of delay. If in the recipientRecipient’s judgment, delay is excusable, the time for completing the work shall be extended. The recipientRecipient’s judgment shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of contractorContractor's right to proceed, it is determined that contractor Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if termination had been issued for the recipientRecipient’s convenience.

Termination for Default (Construction. If contractor the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, specified in this contract or any extension, extension or fails to complete the work within this time, or if contractor the Contractor fails to comply with any other provisions of this contract, the recipient SAMTD may terminate this contract for default. the recipient SAMTD shall terminate by delivering to contractor the Contractor a notice Notice of termination Termination specifying the nature of the default. In this event, the recipient SAMTD may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the recipient SAMTD resulting from contractorthe Contractor's refusal or failure to complete the work within specified time, whether or not contractorthe Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor shall contractor be the Contractor charged with damages under this clause if:if- 1. Delay a. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractorthe Contractor. Examples of such causes include: acts of God, acts of the recipientRecipient, acts of another contractor Contractor in the performance of a contract with the recipientRecipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. Contractorb. the contractor, within 10 [10] days from the beginning of any delay, notifies the recipient SAMTD in writing of the causes of delay. If in the recipient’s judgmentjudgment of SAMTD, the delay is excusable, the time for completing the work shall be extended. The recipient’s judgment of SAMTD shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of contractorthe Contractor's right to proceed, it is determined that contractor the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the recipient’s convenienceconvenience of the Recipient.

Termination for Default (Construction. If contractor the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, specified in this contract or any extension, extension or fails to complete the work within this time, or if contractor the Contractor fails to comply with any other provisions of this contract, the recipient (Recipient) may terminate this contract for default. the recipient The (Recipient) shall terminate by delivering to contractor the Contractor a notice Notice of termination Termination specifying the nature of the default. In this event, the recipient Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the recipient Recipient resulting from contractorthe Contractor's refusal or failure to complete the work within specified time, whether or not contractorthe Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor shall contractor be the Contractor charged with damages under this clause if:if- 1. Delay a. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractorthe Contractor. Examples of such causes include: acts of God, acts of the recipientRecipient, acts of another contractor Contractor in the performance of a contract with the recipientRecipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. Contractorb. the contractor, within 10 [10] days from the beginning of any delay, notifies the recipient (Recipient) in writing of the causes of delay. If in the recipient’s judgmentjudgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The recipient’s judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of contractorthe Contractor's right to proceed, it is determined that contractor the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the recipient’s convenienceconvenience of the Recipient.

Termination for Default (Construction. If contractor the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, specified in this contract or any extension, extension or fails to complete the work within this time, or if contractor the Contractor fails to comply with any other provisions of this contract, the recipient (Subrecipient) may terminate this contract for default. the recipient The (Subrecipient) shall terminate by delivering to contractor the Contractor a notice Notice of termination Termination specifying the nature of the default. In this event, the recipient Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the recipient Recipient resulting from contractorthe Contractor's refusal or failure to complete the work within specified time, whether or not contractorthe Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient Recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause if:. 1. Delay the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractorthe Contractor. Examples of such causes include: acts of God, acts of the recipientRecipient, acts of another contractor Contractor in the performance of a contract with the recipientRecipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. Contractorthe contractor, within 10 [10] days from the beginning of any delay, notifies the recipient (Subrecipient) in writing of the causes of delay. If in the recipient’s judgmentjudgment of the (Subrecipient), the delay is excusable, the time for completing the work shall be extended. The recipient’s judgment of the (Subrecipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of contractorthe Contractor's right to proceed, it is determined that contractor the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the recipient’s convenienceconvenience of the Recipient.