3. CONTRACTOR's disregard of the 15 .03 OWNER May Terminate For Convenience
<br /> authority of ENGINEER; or
<br /> A. Upon seven days written notice to CON-
<br /> 4. CONTRACTOR's violation in any TRACTOR and ENGINEER, OWNER may, without cause
<br /> substantial way of any provisions of the Contract and without prejudice to any other right or remedy of
<br /> Documents. OWNER, elect to terminate the Contract. In such case,
<br /> CONTRACTOR shall be paid (without duplication of any
<br /> New Paragraphs 15.02.A.5 and 15.02.A.6 have been items):
<br /> added. Seethe Supplementary Conditions.
<br /> 1 . for completed and acceptable Work
<br /> The third sentence of Paragraph 15.02.13 has been executed in accordance with the Contract Docu-
<br /> deleted and replaced with a new sentence. See the ments prior to the effective date of termination,
<br /> Supplementary Conditions. including fair and reasonable sums for overhead and
<br /> B . If one or more of the events identified in paragraph profit on such Work;
<br /> 15 .02.A occur, OWNER may, after giving CONTRACTOR
<br /> (and the surety, if any) seven days written notice, terminate 2. for expenses sustained prior to the
<br /> the services of CONTRACTOR, exclude CONTRACTOR effective date of termination in performing services
<br /> from the Site, and take possession of the Work and of all and furnishing labor, materials, or equipment as re-
<br /> CONTRACTOR's tools, appliances, construction equip- quired by the Contract Documents in connection
<br /> ment, and machinery at the Site, and use the same to the full with uncompleted Work, plus fair and reasonable
<br /> extent they could be used by CONTRACTOR (without sums for overhead and profit on such expenses;
<br /> liability to CONTRACTOR for trespass or conversion),
<br /> incorporate in the Work all materials and equipment stored Paragraph 15.03.A.3 has been deleted in its entirety.
<br /> at the Site or for which OWNER has paid CONTRACTOR 3 . IbF all claims, losses, and damages
<br /> but which are stored elsewhere, and finish the Work as kincluding but net lifnited to all =fees and shargec of
<br /> OWNER may deem expedient. In such case, engiieefs, ofehiteets, anemeys, and— ^'h .
<br /> CONTRACTOR shall not be entitled to receive any further
<br /> payment until the Work is finished.
<br /> the 9Ant.e..t D_:..e a eeds all clai.-... losses ,...desntmetqteminated , SupplieFs
<br /> damages (inoluding but net limited to all fees and chaFges of and elhefs—and
<br /> architeets, a4te eys, and other professionals and
<br /> all court of R-Fbingfign RF RtheF dispute resolution costs) 4. for reasonable expenses directly
<br /> sustained 6. O)AWon afising out of or relating t attributable to termination. -
<br /> completing the We_l ish exsess will be paid to
<br /> GONTR�oCn .onTnn If such claims, costs, losses, and B . CONTRACTOR shall not be paid on account of
<br /> damages exceed such unpaid balance, CONTRACTOR loss of anticipated profits or revenue or other economic loss
<br /> shall pay the difference to OWNER. Such claims, costs, arising out of or resulting from such termination.
<br /> losses, and damages incurred by OWNER will be reviewed
<br /> by ENGINEER as to their reasonableness and, when so 15 .04 CONTRACTOR May Stop Work or Terminate
<br /> approved by ENGINEER, incorporated in a Change Order.
<br /> When - exercising any rights or remedies under this Parts of Paragraph 15.04 have been deleted.
<br /> paragraph OWNER shall not be required to obtain the A. If, through no act or fault of CONTRACTOR, the
<br /> lowest price for the Work performed. Work is suspended for more than 90 consecutive days by
<br /> OWNER or under an .order of court or other public
<br /> C. Where CONTRACTOR's services have been so authority, or ENGINEER fails to act on any Application for
<br /> terminated by OWNER, the termination will not affect any Payment within 30 days after it is submitted, ^- OWNE
<br /> rights or remedies of OWNER against CONTRACTOR fttils f 30 days to • r'O> P nrTQR a sum analli
<br /> then existing or which may thereafter accrue. Any retention dere_ fined to be diie; then CONTRACTOR may, upon
<br /> or payment of moneys due CONTRACTOR by OWNER seven days written notice to OWNER and ENGINEER, and
<br /> will not release CONTRACTOR from liability. provided OWNER or ENGINEER do not remedy such
<br /> j suspension or failure within that time, terminate the
<br /> J A new Paragraph 15.02.13 has been added. See the Contract and recover from OWNER payment on the same
<br /> Supplementary Conditions. terms as provided in paragraph 15 .03 . In lieu of terminating
<br /> the Contract and without prejudice to any other right or
<br /> remedy, if ENGINEER has failed to act on an Application
<br /> 00700 - 44
<br />
|