MARVIN MANDEL, Governor                                2537

SUBJECT TO THE PENALTIES PROVIDED IN THIS SUBTITLE.

(C)    ANY ARCHITECT OR PROFESSIONAL ENGINEER, OR ANY
CORPORATION OR PARTNERSHIP THEREOF, WHO SHALL OFFER TO
PAY ANY FEE OR ANY OTHER CONSIDERATION CONTINGENT UPON
THE MAKING OF ANY AGENCY CONTRACT FOR PROFESSIONAL
SERVICES IS GUILTY OF A FELONY AND UPON CONVICTION IS
SUBJECT TO THE PENALTIES PROVIDED IN THIS SUBTITLE.

(D)    ANY AGENCY OFFICIAL WHO OFFERS TO SOLICIT OR
SECURE, OR SOLICITS OR SECURES A CONTRACT FOR
PROFESSIONAL SERVICES AND TO BE PAID, OR IS PAID, ANY FEE
OR ANY OTHER CONSIDERATION CONTINGENT UPON THE MAKING OF
SUCH A CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE
AGENCY AND ANY PERSON, PARTNERSHIP, OR CORPORATION IS
GUILTY OF A FELONY AND UPON CONVICTION IS SUBJECT TO THE
PENALTIES PROVIDED IN THIS SUBTITLE.

[[231-X.]] 231-W. [[RIGHT TO TERMINATE]] TERMINATION FOR
CAUSE.

(A)    FOR THE BREACH OR VIOLATION OF THIS
[[PROVISION]] SUBTITLE OR CONVICTION OF A CRIME ARISING
CUT OF OR IN CONNECTION WITH THE PROCUREMENT OF ANY WORK
TO BE DONE OR ANY PAYMENT TO BE MADE UNDER THE CONTRACT,
CONSULTANT AGREEMENT OR OTHER OBLIGATION, THE [[USING
AUTHORITY]] BOARD OF PUBLIC WORKS HAS THE RIGHT TO
TERMINATE THE CONTRACT, CONSULTANT AGREEMENT OR
OBLIGATION WITHOUT LIABILITY AND MAY DEDUCT FROM THE
CONTRACT PRICE, OR OTHERWISE RECOVER, THE FULL-AMOUNT OF
THE FEE, COMMISSION, PERCENTAGE, GIFT OR CONSIDERATION.

(B) (1) UPON TERMINATION OF THE CONTRACT,
CONSULTANT AGREEMENT OR OTHER OBLIGATION, THE ARCHITECT
OR ENGINEER SHALL BE PAID ONLY THE EARNED VALUE OF WORK
PERFORMED TO THE DATE OF TERMINATION PLUS TERMINATION
COSTS AND HE SHALL REFUND ANY AND ALL PROFITS, OR FIXED
FEE, REALIZED UNDER THE CONTRACT, CONSULTANT AGREEMENT OR
OBLIGATION. IN ADDITION, THE ARCHITECT OR ENGINEER SHALL
BE LIABLE [[TO THE USING AUTHORITY]] FOR ANY COSTS
INCURRED [[BY THE USING AUTHORITY,]] OVER AND ABOVE THE
MAXIMUM AMOUNT PAYABLE TO THE ARCHITECT OR ENGINEER AS
SET FORTH IN THE CONTRACT, CONSULTANT AGREEMENT OR OTHER
OBLIGATION IN COMPLETING THE WORK UNDERTAKEN BY THE
ARCHITECT OR ENGINEER IN THE CONTRACT, CONSULTANT
AGREEMENT OR OTHER OBLIGATION.

[[ (2) THE SANCTIONS PROVIDED HEREUNDER SHALL
AS APPROPRIATE, IN THE DISCRETION OF THE USING AUTHORITY,
BE APPLICABLE TO ANY CONVICTION AFTER THE EXPIRATION OF
THE TERM OF THE CONTRACT, CONSULTANT AGREEMENT OR OTHER
OBLIGATION.]]

[[(3)]] (2) THE RIGHTS AND REMEDIES SET FORTH HEREIN