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SUPPLEMENTARY CONDITIONS Section 00800 15-1207 §14.4.6 If the Contractor and Owner fail to agree, as the previous subparagraph provides, on the whole amount to be paid to the Contractor because of the termination of Work hereunder, the Owner shall determine, on the basis of information available to the Owner, the amount, if any, due to the Contractor by the reason of the termination and shall pay to the Contractor the amounts determined as follows: For all Contract Work performed before effective date of Notice of Termination, the total (without duplication of any items) of: a The cost of such Work; b The cost of settling and paying claims arising out of the termination of Work under subcontractors or orders as previously provided. This cost is exclusive of the amounts paid or payable on account of supplies or materials delivered or services furnished by the Contractor before the effective date of the Notice of Termination. These amounts shall be included in the cost on account of which payment is made for the cost of Work previously provided; and .c A sum, as profit on the cost of the Work completed to the time of receipt of the Notice of Termination that the District determines to be fair and reasonable. But, if it appears that the 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 settlement to reflect the indicated rate of loss; and .2 The reasonable cost of the preservation and protection of property incurred as previously provided. The total sum to be paid to the Contractor shall not exceed the total Contract price as reduced by the amount of payments otherwise made and as further reduced by the Contract Price of Work not terminated. Except for normal spoilage, and except to the extent that the Owner shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Contractor the fair value, as determined by the Owner, of property which is destroyed, lost or stolen or damaged to the extent that it is undeliverable to the Owner, or to a buyer as previously provided. §14.4.7 The Contractor shall have the right to dispute as provided hereinafter in the subparagraph entitled Remedies from any determination the Owner makes under the previous subparagraphs. But, if the Contractor has failed to submit its claim within the time provided and has failed to request an extension of such time, it shall have no such right of appeal. In any case where the Owner has determined the amount owed, the Owner shall pay to the Contractor the following: If there is no right of appeal hereunder or if timely appeal has been taken, the amount so determined by the Owner; or 2 If a Remedies proceeding is initiated, the amount finally determined in such Remedies proceeding. 42