Y �
<br /> IContractor and the Contractor' s surety, if any, sevesl-fifteen15
<br /> Contractor and may, subject to any prior rights of the surety: days ' written notice, terminate employment of the
<br /> .1 take possession of the site and of all materials, equipment, tools, and construction equipment and
<br /> machinery thereon owned by the Contractor;
<br /> .2 accept assignment of subcontracts pursuant to Section 5 .4; and
<br /> .3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the
<br /> Contractor, the Owner shall furnish to the Contractor a-detailed an accounting of the cosh incurred by
<br /> the Owner in finishing the Work.
<br /> § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14 .2. 1 , the Col}tractor shall
<br /> not be entitled to receive further payment until the Work is finished.
<br /> § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for
<br /> the Architect' s services and expenses made necessary thereby, and other damages incurred by the Ownerand not
<br /> expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpid balance,
<br /> the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, i as the case
<br /> may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive
<br /> termination of the Contract.
<br /> § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
<br /> § 14.3. 1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in
<br /> whole or in part for such period of time as the Owner may determine.
<br /> § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by
<br /> suspension, dela or interruption as described in Section i " . ' ' ^ ,,. usti e .
<br /> P Yx. 4.3 . 1 . . if any . Any adjus_tT t of the
<br /> Contract Sum shall include profit. No adjustment shall be made to the extent:
<br /> .1 that performance is, was or would have been so suspended, delayed or interrupted by anotiher cause
<br /> for whichthe Contractor is responsible; or
<br /> .2 that an equitable adjustment is made or denied under another provision of the Contract.
<br /> § 14A TERMINATION , BY THE OWNER FOR CONVENIENCE
<br /> § ' 14.4.1 The Owner may, at any time, terminate the Contract for the Owner' s convenience and without caIuse,
<br /> § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner' s convenience, !
<br /> the
<br /> Contractor shall:
<br /> .1 cease operations as directed by the Owner in the notice ;
<br /> .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work;
<br /> and
<br /> .3 except for Work directed to be performed prior to the effective date of termination stated in the
<br /> notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts
<br /> and purchase orders.
<br /> § 14.4.3 In case of such termination for the Owner' s convenience, the Contractor shall be entitled to receive payment
<br /> for Work exeouted—iexecuted in accordance with the Contract Documents and costs incurred by reason of such
<br /> termination, along with reasonable overhead and profit on the Work net emeeuted. thereon.
<br /> AIA Document A201TM — 1997. Copyright ® 1911 , 1915, 19189 1925, 1937, 1951 , 1958, 19619 1963 , 1966, 1967, 1970, 1976, 1987 and 1997
<br /> by The
<br /> American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties.
<br /> 42
<br /> Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result In severe civil and criminal penalties, and will
<br /> be
<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_I which expires on 6/29/2005, and is not for resale.
<br /> User Notes: ( 1205244124)
<br /> 1
<br />
|