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10.04 Severability <br />A. Any provision or part of the Contract Documents held to be void or unenforceable <br />under any Law or Regulation shall be deemed stricken, and all remaining <br />provisions shall continue to be valid and binding upon OWNER and <br />CONTRACTOR, who agree that the Contract Documents shall be reformed to <br />replace such stricken provisions or pail thereof with a valid and enforceable <br />provision that comes as close as possible to expressing the intention of the stricken <br />provision. <br />10.05 Termination <br />A. The obligation to perform under the terms of this Agreement may be terminated by <br />the OWNER, with or without cause upon fourteen (14) calendar days, written <br />notice to CONTRACTOR. This Agreement may be terminated by <br />CONTRACTOR upon fourteen (14) calendar days written notice to OWNER in <br />the event of substantial failure of OWNER to perform in accordance with the terms <br />hereof. If the OWNER terminates the Contract for any cause, it shall deduct from <br />whatever is owed the CONTRACTOR on the Contract or any other contract, any <br />amount sufficient to compensate the OWNER for any damages suffered by it <br />because of the CONTRACTOR'S wrongdoing. <br />10.06 Indemnification <br />A. CONTRACTOR agrees to indemnify, defend and hold harmless the OWNER, its <br />agents, officers and employees, from all costs, losses, claims and suits, including <br />court costs, attorney fees and other expenses, arising from or out of the negligent <br />performance of this Contract by CONTRACTOR, or because of arising out of any <br />defect in the goods, materials or equipment supplied by the Bid provider. <br />SB WWTP Digester Gas Utilization Design <br />Project No. 116-050 R 00 52 00-8 <br />