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.3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of
<br /> issuance of the final Certificate for Payment, any applicable statute of limitations shall ommence to
<br /> run and any alleged cause of action shall be deemed to have accrued in any and all evens not later
<br /> than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under
<br /> Section 3 .5 , the date of any correction of the Work or failure to correct the Work by the (Contractor
<br /> under Section 12.2, or the date of actual commission of any other act or failure to perform any duty or
<br /> obligation by the Contractor or Owner, whichever occurs last.
<br /> ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT
<br /> § 14. 1 TERMINATION BY THE CONTRACTOR
<br /> § 14.1 . 1 The Contractor may terminate the Contract if all of the Work is stopped for a period of 30 consecutive days
<br /> through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any
<br /> other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for
<br /> any of the following reasons :
<br /> .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to
<br /> be stopped ;
<br /> .2 an act of government, such as a declaration of national emergency which requires all Work to be
<br /> stopped ; or
<br /> .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of
<br /> the reason for withholding certification as provided in Section 9 .4. 1 , or because the Owner has not
<br /> made payment on a Certificate for Payment within the time stated in the Contract Docurt ents; or
<br /> . 4 the Owner- has failed to fumish to the GentEaeter- pfenaptly, upon the
<br /> ,,. '
<br /> .
<br /> § 14. 1 .2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subontractor,
<br /> Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work
<br /> under direct or indirect contract with the Contractor, repeated suspensions , delays or interruptions of th entire Work
<br /> by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total) number of
<br /> days scheduled for completion, or 120 days in any 365-day period, whichever is less.
<br /> § 14. 1 .3 If one of the reasons described in Section 14. 1 . 1 or 14. 1 .2 exists, the Contractor may, upon seven days'
<br /> written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work
<br /> properly executed and for payment of reasonable costs directly related to Work thereafter performed by Contractor
<br /> in terminating the Contract, including reasonable documented demobilization and cancellation charges,and proven
<br /> loss ' with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable
<br /> ever overhead and profit and da aagesahereon.
<br /> § 14. 1 .4 If all of the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or
<br /> a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract
<br /> with the Contractor because the Owner has persistently failed to fulfill the Owner' s obligations under thm. Contract
<br /> Documents with respect to,matters important to the progress of the Work, the Contractor may, upon seven additional
<br /> days ' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided
<br /> in Section 14. 1 .3 ,
<br /> § 14.2 TERMINATION BY THE OWNER FOR CAUSE
<br /> § 14.2.1 The Owner may terminate the Contract if the Contractor:
<br /> . 1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper
<br /> materials ;
<br /> .2- fails to make payment to Subcontractors for materials or labor in accordance with the respective
<br /> agreements between the Contractor and the Subcontractors;
<br /> .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having
<br /> jurisdiction; or
<br /> .4 otherwise is guilty of substantial-breach of a material provision of the Contract Documents .
<br /> § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause
<br /> exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the
<br /> AIA Document A201 Tm - 1997. Copyright © 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987 and 1997
<br /> by The
<br /> American Institute of Architects. All rights reserved. WARNING : This AIAs Document is protected by U.S. Copyright Law and International Treaties.
<br /> 41
<br /> Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will
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<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13 :00:02 on 04/19/2005 under Order
<br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale.
<br /> User Notes: ( 1205244124)
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