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200405934 Contract Documents, provided in any separate guarantee or extended warranty, or required by law) from the date of acceptance of the Work as defined in the Contract Documents and repair any damage to other work caused by the defect or the repair of the defect. If Trade Contractor fails to begin or complete any repair-or replacement within the time directed by SIGNATURE, SIGNATURE may undertake, but shall not be obligated for Trade Contractor's benefit to undertake, such repair or replacement at Trade Contractor's expense, and Trade Contractor shall reimburse SIGNATURE within ten (10) days of demand for any costs incurred, including ten percent (10 %) for overhead and ten percent (10 %) for profit. SECTION 19 Termination 19.1 Termination of Trade Contractor for Cause: If at any time Trade Contractor fails or refuses to supply sufficient labor, materials, tools, equipment or supervision; fails or refuses to perform the Work promptly and diligently; fails to meet the Project Schedule; causes delay, interference or stops the work of SIGNATURE or any other contractors or subcontractors; fails or refuses to perform any of its obligations under this Trade Contract or the Contract Documents; or becomes bankrupt, insolvent or goes into liquidation (either voluntarily or under an order of a court of competent jurisdiction), or makes a general assignment for the benefit of creditors, or otherwise evidences financial incapacity; then, in any of such events, each of which shall constitute a material default under this Trade Contract, SIGNATURE shall have the right, in addition to any other rights and remedies provided under this Trade Contract, the Contract Documents or by law: (1) Without notice order Trade Contractor to add manpower or to work overtime or additional shifts; or (2) Without notice delay payment of all or part of the Trade Contract Price until Trade Contractor conforms to the Project Schedule; or (3) Without notice take over and perform through itself or through others the Trade Contractor's Work until, in SIGNATURE's sole judgment, Trade Contractor's default has been cured, and deduct from the Trade Contract Price the cost thereof plus an overhead fee of ten percent (10 %) and a profit of ten percent (10 %); or (4) Without notice augment Trade Contractor's forces with additional labor and materials until, in SIGNATURE's sole judgment, Trade Contractor's default has been cured and deduct from the Trade Contract Price the cost thereof plus an overhead fee of ten percent (10 %) and a profit of ten percent (10 %); or (5) With three (3) days notice terminate all or any portion of Trade Contractor's right to proceed under the Trade Contract and to enter upon the premises and take possession, for the purpose of completing that portion of the Work affected by such termination, of all Trade Contractor's records, materials, specialized tools and equipment not readily available from other sources and all other items relating to that subject portion of Trade Contractor's Work on the Project, including any materials stored off -site for use in completing Trade Contractor's Work. In case of such termination, Trade Contractor shall not be entitled to receive any further payment under this Trade Contract with respect to such portion of the Work until that portion of the Work shall be wholly completed to the satisfaction of SIGNATURE, the Owner and the Architect and accepted by them, at which time, if the unpaid balance of the amount to be paid under this Trade Contract exceeds the cost and expense incurred by SIGNATURE in completing said portion of the Work plus an overhead fee of ten percent (10 %) plus profit of ten percent (10 %), such excess shall be paid by SIGNATURE to the Trade Contractor; but if such cost and expense plus an overhead fee of ten percent (10 %) and profit of ten percent (10 %) exceeds such unpaid balance, then the Trade Contractor shall pay the difference to SIGNATURE. Such cost and expense shall include not only the cost of completing said portion of the Work and of performing and furnishing all labor, services, materials, equipment, and other items required therefor, but also all losses, damages, costs and expenses, including reasonable attorneys' fees and disbursements sustained, incurred or suffered by reason of or resulting from the Trade Contractor's default. Initial qW_/ 16