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which such termination becomes effective. After receipt of owner's Notice of Termination, and
<br />unless otherwise directed, contractor agrees to (a) stop work on the contract on the date and
<br />to the extent specified; (b) place no further orders or contracts for materials, services or
<br />facilities except as may be necessary for completion of that portion of Work that is not
<br />terminated; (c) transfer title and deliver to the owner any materials, work in process,
<br />completed work and supplies for which contract has been paid; (d) complete performance of
<br />any part of the Work required by this contract that is not terminated by owner's Notice of
<br />Termination. In no event shall owner be liable for the loss of anticipated profits or any special
<br />or consequential damages arising from said termination. Contractor agrees to promptly remove
<br />its tools, equipment and employees from the jobsite upon the stated termination date. Owner
<br />shall pay contractor whatever retention may be due and owning contractor in accordance with
<br />the retention provision of Section 14 of this contract.
<br />SECTION 23. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless the
<br />Owner and their agents and employees from and against any and all demands, claims, suits,
<br />causes of action, damages, losses, penalties and/or expenses including attorney fees, arising
<br />out of or resulting from contractor's performance of the Work required by this contract
<br />regardless of whether such demand, claim, suit, cause of action, damage, loss, penalty or
<br />expense is incident to or arises out of conditions or omissions permitted or acts performed by
<br />an indemnitee unless said demand, claim, suit, cause of action, damage, loss, penalty or
<br />expense is caused by the sole negligence of the indemnitee. In addition, contractor agrees to
<br />indemnify and hold harmless the Owner, their agents and employees from and against any and
<br />all demands, claims, suits, causes of action, damages, losses, penalties and/or expenses,
<br />including attorney fees, arising out of or resulting from the infringement of a patent or violation
<br />of a patent right with respect to equipment, materials, supplies or construction methods
<br />furnished or employed by the contractor in its performance of the Work required by this
<br />Subcontract.
<br />SECTION 24. MODIFICATION AND/OR AMENDMENTS. Only officers of the owner and/or
<br />that person designated by the owner as the Project representative for the project on which the
<br />Work under this contract is being performed is authorized to execute, modify and/or amend
<br />this contract on behalf of the owner. In the event any unauthorized person attempts to enter
<br />into a written or oral agreement, modification of amendment with contractor, then before the
<br />same shall be binding upon the owner, said action must be expressly approved in writing by an
<br />Officer or the designated Project representative of the owner. Except as otherwise provided, no
<br />modification or amendment of any of the terms and condition of this contract shall be valid
<br />unless agreed to in writing by the parties.
<br />SECTION 25. WAIVER. Owner's failure to insist on strict compliance with any term,
<br />condition or instruction, or to exercise any right or privilege included in this contract or owner's
<br />waiver of any breach, shall neither waive nor prevent owner from subsequently requiring strict
<br />compliance with such term, condition, instruction and/or right or privilege.
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