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' 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 temiinate 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 . €ern all ela4ns, eests, lesses,�-and darnages
<br /> ' at the Site or for which OWNER has paid CONTRACTOR ( eluding h. .t not lin4tea to all Fes and eh F
<br /> ��_..........b ., .. . .... c xnxnccv cv-unzoco--cam-cxxxx-6'co--vi
<br /> but which are stored elsewhere, and finish the Work as engineers, ar-ehiteets, attefneys, and
<br /> ethef
<br /> OWNER may deem expedient. In such case, pef ssien is and alleeur-tor- arbitration or- ethe
<br /> CONTRACTOR shall not be entitled to receive any further dispute o resolution eests) ._ea settlement f
<br /> 1.1J1J
<br /> payment until the Work is finished.
<br /> the Geettaet Prise-emeeeds-all elainis, eests,losses, a and others -, and
<br /> damages (ineludi g 1...E net limited to all fees and h F
<br /> e« vv er-" v r-ehiteets V tte..„e ys ..n other- pr-o f ssie.... 1 .. ..-. .l
<br /> = J� �= �=u=� 4 . for reasonable expenses directly
<br /> 'Il ll# "� it."t:e., the.. dispute i ti ` ` attributable to termination.
<br /> ... . .. .. .. of va:cx ui�pi}cczcomucroircvaxa�
<br /> sustained bar--03AWER arising out e€ ern relating-fie
<br /> ' eempleting—the Werlgsueh exeess will to. B . CONTRACTOR shall not be paid on account of
<br /> GOINURACTOR. 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, ^r- OWN
<br /> terminated by OWNER, the termination will not affect any fails for- 30 days to pay CONTRACTOR any sum finally
<br /> rights or remedies of OWNER against CONTRACTOR Bete... ii e,l to he due, then CONTRACTOR may, upon
<br /> ' then existing or which may thereafter accrue. Any retention seven days written notice to OWNER and ENGINEER, and
<br /> or payment of moneys due CONTRACTOR by OWNER provided OWNER or ENGINEER do not remedy such
<br /> will not release CONTRACTOR from liability. suspension or failure within that time, terminate the
<br /> ' Contract and recover from OWNER payment on the same
<br /> A new Paragraph 15.02.1) has been added. See the terms as provided in paragraph 15 . 03 . In lieu of terminating
<br /> Supplementary Conditions. the Contract and without prejudice to any other right or
<br /> remedy, if ENGINEER has failed to act on an Application
<br /> t 15 . 03 OWNER May Terminate For Convenience for Payment within 30 days after it is submitted,
<br /> ern
<br /> R ....., .....vu .V. JV UUyJ .., pay
<br /> C-OlhgRAGTOR any
<br /> A. Upon seven days written notice to CON- "um finally deter-•.,-:..ea to be due CONTRACTOR may,
<br /> ' TRACTOR and ENGINEER, OWNER may, without cause seven days after written notice to OWNER and
<br /> 00700 . 44
<br />
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