supply sufficient skilled workers or suitable materi- rights or remedies of OWNER against CONTRACTOR
<br /> als or equipment or failure to adhere to the progress then existing or which may thereafter accrue. Any retention
<br /> ' schedule established under paragraph 2 .07 as or payment of moneys due CONTRACTOR by OWNER
<br /> adjusted from time to time pursuant to paragraph will not release CONTRACTOR from liability.
<br /> 6.04);
<br /> A new Paragraph 15.02 .D has been added. See the
<br /> ' 2. CONTRACTOR's disregard of Laws or Supplementary Conditions.
<br /> Regulations of any public body having jurisdiction;
<br /> 15 .03 OWNER May Terminate For Convenience
<br /> ' 3 . CONTRACTOR's disregard of the
<br /> authority of ENGINEER; or A. Upon seven days written notice to CON-
<br /> TRACTOR and ENGINEER, OWNER may, without cause
<br /> 4. CONTRACTOR' s violation in any and without prejudice to any other right or remedy of
<br /> substantial way of any provisions of the Contract OWNER, elect to terminate the Contract. In such case,
<br /> Documents. CONTRACTOR shall be paid (without duplication of any
<br /> items) :
<br /> New Paragraphs 15.02.A.5 and 15.02.A.6 have been
<br /> added. See the Supplementary Conditions. 1 , for completed and acceptable Work
<br /> executed in accordance with the Contract Docu-
<br /> The third sentence of Paragraph 15.02.B has been ments prior to the effective date of
<br />termination,
<br /> deleted and replaced with a new sentence. See the including fair and reasonable sums for overhead and
<br /> Supplementary Conditions. profit on such Work;
<br /> B . If one or more of the events identified in paragraph
<br /> 15 .02 .A occur, OWNER may, after giving CONTRACTOR 2 , for expenses sustained prior to the
<br /> (and the surety, if any) seven days written notice, terminate effective date of termination in performing services
<br /> the services of CONTRACTOR, exclude CONTRACTOR and furnishing labor, materials, or equipment as re-
<br /> from the Site, and take possession of the Work and of all quired by the Contract Documents in connection
<br /> CONTRACTOR' s tools, appliances, construction equip- with uncompleted Work, plus fair and reasonable
<br /> ment, and machinery at the Site, and use the same to the full sums for overhead and profit on such expenses;
<br /> extent they could be used by CONTRACTOR (without
<br /> liability to CONTRACTOR for trespass or conversion), Paragraph 15.03 .A3 has been deleted in its entirety,
<br /> incorporate in the Work all materials and equipment stored 3 . c- all elakn^ eests losses and dmiages
<br /> at the Site or for which OWNER has paid CONTRACTOR (inekiding but not lknited to all fees and ehar-ges e
<br /> but which are stored elsewhere, and finish the Work as engmeen, arehiteets, attemeys, and e
<br /> OWNER may deem expedient. In such case,
<br /> CONTRACTOR shall not be entitled to receive any further lisp 4e - sehi :,,., eests) :,,,.uffea in ^etdemeat e f
<br /> payment until the Work is finished. ,
<br /> theCen.. aet knee eiweeas all-clainsrsests,,llosses, a etheFs;—a �
<br /> 4. for reasonable expenses directly
<br /> all eeti# ^ afbit.. er- ether- dispute mselufiea ests) attributable to termination.
<br /> B . CONTRACTOR shall not be paid on account of
<br /> If such claims, costs, losses, and loss of anticipated profits or revenue or other economic loss
<br /> ' damages exceed such unpaid balance, CONTRACTOR arising out of or resulting from such termination.
<br /> shall pay the difference to OWNER Such claims, costs,
<br /> losses, and damages incurred by OWNER will be reviewed 15 .04 CONTRACTOR May Stop Work or Terminate
<br /> by ENGINEER as to their reasonableness and, when so
<br /> approved by ENGINEER, incorporated in a Change Order. Parts of Paragraph 15.04 have been deleted.
<br /> When exercising any rights or remedies under this A. If, through no act or fault of CONTRACTOR, the
<br /> paragraph OWNER shall not be required to obtain the Work is suspended for more than 90 consecutive days
<br />by
<br /> lowest price for the Work performed. OWNER or under an order of court or other public
<br /> authority, or ENGINEER fails to act on any Application for
<br /> C. Where CONTRACTOR' s services have been so Payment within 30 days after it is submitted, OWE
<br /> ' terminated by OWNER, the termination will not affect any fails fer- 30 days to pay G0�4RAGTOR any sum finally
<br /> 00700 - 44
<br />
|