of the WORK, which has been performed by CONTRACTOR after the time specified or completion date under this CONTRACT, , for reason attributable to CONTRACTOR.
22.6 In case that OWNER has to have the WORK or any portion of the WORK performed by any other qualified contractor at a higher price than the CONTRACT PRICE, then CONTRACTOR shall reimburse for the difference amount to OWNER within thirty (30) DAYs upon receipt of NOTICE from OWNER.
22.7 OWNER may, without prejudice to any other method of recovery, deduct the penalty and the supervisory expenses from any money in its hands or otherwise due or to become due to CONTRACTOR. The payment or deduction of such penalty and supervisory expenses shall not relieve the CONTRACTOR from its obligation to complete the WORK, or from any other obligations or liabilities under this CONTRACT.
22.8 If OWNER has not yet terminated this CONTRACT and considers that CONTRACTOR is unable to continue its performance according to this CONTRACT and the total cumulative amount of penalty will exceed ten percent (10%) of the total CONTRACT PRICE, unless CONTRACTOR continues paying the penalty, OWNER may, without prejudice to any other rights and remedies of OWNER (including OWNER’s right to claim against the performance security in whole or in part as may be deemed advisable by OWNER), terminate this CONTRACT by written notice to the CONTRACTOR specifying the effective date of termination according to Article 25.7.
ARTICLE 23 BACK CHARGES
23.1 If, under the provisions of this CONTRACT, CONTRACTOR is notified by OWNER to correct defective or non-conforming WORK, and CONTRACTOR states or by its actions indicate that it is unable or unwilling to proceed with corrective action in a reasonable time, OWNER may upon written notice, accomplish the redesign, repair, rework or replacement of non-conforming WORK by the most expeditious means available and back charge CONTRACTOR for the cost incurred.
The cost of back charge work shall include:
(i) Incurred labor costs including all payroll additives;
(ii) Incurred net delivered material costs;
(iii) Incurred costs directly to performing the corrective plan;
(iv) Equipment and tool rentals at prevailing rates in the SITE area; and
(v) A factor applies to the total of items (i), (ii), and (iii) for overhead, supervision and administrative costs.
23.2 The back charge NOTICE will request CONTRACTOR’s acknowledge receipt for OWNER to proceed with the required WORK. However, failure of CONTRACTOR to grant such approval shall not impair OWNER’s right to proceed with the WORK under this Article 23.