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ARTICLE 10. Should the Contractor a t any time d efa u lt in the per­formance o f any o f i t s agreements herein contained, or f a i l in any respect to cause the work to he prosecuted with promptness or d ilig e n c e , or in a good and workmanlike manner, the Owner may a t ? i t s option, a f t e r ten days w ritte n n o tic e to 'the Contractor (pro**- vid ed the Contractor s h a ll not w ith in said days, have r e c t if ie d such d e fa u lt ), terminate th is agreement and the employment o f the , Contractor hereunder, and in such event, upon the e x p ira tio n o f said n o tic e , a l l o f the r ig h ts , powers and duties o f the Contractor hereunder s h a ll fo rth w ith cease and term inate. In case o f such term ination o f th is con tra ct, the Owner s h a ll he e n tit le d to take ? possession o f a l l machinery, to o ls , equipment and appliances be­lon gin g to the Contractor or the Owner on said premises, and may use the same in the work u n t il the completion th ereo f. In case o f such term ination of th is con tra ct, the Owner s h a ll pay to the Con­tr a c to r an amount which w i l l reimburse i t fo r a l l expenditures made by the Contractor in connection with the work not th e re to fo re paid by the Owner, and a lso a reasonable re n ta l f o r any machinery, equipment or appliances belonging to the Contractor in d iv id u a lly , which the Owner s h a ll r e ta in during the completion o f the work; and in such event, the Owner s h a ll pay to the Contractor such pro­p o rtio n o f the fe e o f the Contractor as the cost o f the work, ex clu sive of the fe e , to date of term ination, s h a il bear to the guar­anteed maximum cost o f the work, ex clu sive o f fe e . Any termina­tio n o f th is con tra ct, pursuant to the p ro visio n s o f th is A r t ic le , s h a ll not re le a s e the Owner from l i a b i l i t y fo r &ny o b lig a tio n , commitment, con tracts or claim s, e ith e r liq u id a ted or u n liqu idated, which the Contractor s h a ll have h e re to fo re entered in to , incurred or undertaken, in connection with the work. I n the case o f such term ination o f th is con tra ct, provided, however, the owner s h a ll have immediately upon term ination o f th is con tract, d ilig e n t ly and continuously proceeded w ith the con stru ction and completion o f «uch work (but not o th e rw is e ), the Owner may r e ta in any moneys which may be due the Contractor on account o f said fe e at the time of termin­a tio n o f th is con tract u n t il the com pletion of the work, and may apply same toward any excess cost of the work over and above the guaranteed maximum cost o f work as h erein b efore set fo r th . ? In the event of any a p p lic a tio n o f part o f said fe e to said excess c o st, any remaining balance of said fe e s h a ll be paid to the Contractor w ith in t h ir t y - f iv e days a ft e r su bstan tial completion < o f the work, and in the event there is no such excess co st, any , moneys which may be due the Contractor on account o f said fe e s h a ll be paid the Contractor w ith in t h i r t y - f i v e days a ft e r su bstan tial com pletion o f the work. N0th in g in th is A r t ic le contained s h a ll be construed as r e lie v in g the Contractor o f the o b lig a tio n to pay the Owner, upon completion o f the work, the excess o f the t o t a l actu al cost th e re o f, as h erein d efin ed , over the guaranteed maximum cost as h erein defined; pro­v id ed , however, that in tak in g over the completion o f the work a ft e r d e fa u lt by the Contractor, the Owner s h a ll have proceeded in such completion in accordance w ith good business p ra c tic e . A - 3