FPL Group, Inc. & Subsidiaries - Page 176

                                                - 61 -                                                  
                  44.0 Termination for Convenience                                                      
                        44.1 At any time after the acceptance of this                                   
                              Contract, Owner shall have the absolute                                   
                              right to terminate the entire Contract.                                   
                              In the event of termination, Contractor                                   
                              shall be paid for all disbursements and                                   
                              expenses which Contractor has incurred                                    
                              or becomes obligated for prior to the                                     
                              date of Contractor’s receipt of the                                       
                              notice of termination plus costs                                          
                              incurred in compliance with Section 44.2                                  
                              below, less the reasonable resale value                                   
                              of Equipment which shall have been                                        
                              ordered, obtained or fabricated in                                        
                              connection with this Contract plus a sum                                  
                              as profit bearing the same ratio to the                                   
                              profit that Contractor would have                                         
                              received upon completing this Contract                                    
                              as the value of the Work completed as of                                  
                              the date of receipt of the notice of                                      
                              termination bears to the Contract Price.                                  
                        44.2 Upon receipt of such notice of termination,                                
                              Contractor shall:                                                         
                              44.2.1 Stop the performance of the Work                                   
                                    hereunder except as may be                                          
                                    necessary to carry out such                                         
                                    termination.                                                        
                              44.2.2 Take any other action toward                                       
                                    termination of the Work which                                       
                                    Owner may reasonablely [sic]                                        
                                    direct, including all reasonable                                    
                                    efforts to provide for a prompt                                     
                                    and efficient transition as                                         
                                    directed by Owner.                                                  
                        44.3 All payments made by Owner against the                                     
                              Contract Price prior to termination shall be                              
                              credited to the amount, if any, due                                       
                              Contractor as provided in Section 44.1.                                   
                        44.4 Except for amounts due pursuant to                                         
                              Section 44.1, upon termination as                                         
                              provided in Section 44.1 Owner will have                                  
                              no liability to Contractor for any cause                                  





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