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3 . CONTRACTOR's disregard of the 14 . 09 Waiver of Claims authority of ENGINEER ; or A , The making and acceptance of final payment 4 . CONTRACTOR's violation in any will constitute : substantial way of any provisions of the Contract Documents . 1 . a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising B . If one or more of the events identified in from unsettled Liens , from defective Work paragraph 15 . 02 .A occur, OWNER may, after giving appearing after final inspection pursuant to CONTRACTOR ( and the surety, if any) seven days paragraph 14 . 06 , from failure to comply with the written notice , terminate the services of Contract Documents or the terms of any special CONTRACTOR , exclude CONTRACTOR from the guarantees specified therein , or from Site , and take possession of the Work and of all CONTRACTOR' s continuing obligations under CONTRACTOR' s tools , appliances , construction the Contract Documents ; and equipment, and machinery at the Site , and use the same to the full extent they could be used by 2 . a waiver of all Claims by CONTRAC- CONTRACTOR (without liability to CONTRACTOR for TOR against OWNER other than those trespass or conversion ) , incorporate in the Work all previously made in writing which are still materials and equipment stored at the Site or for unsettled . which OWNER has paid CONTRACTOR but which are stored elsewhere , and finish the Work as OWNER may deem expedient. In such case , CONTRACTOR ARTICLE 15 - SUSPENSION OF WORK AND shall not be entitled to receive any further payment TERMINATION until the Work is finished . If the unpaid balance of the Contract Price exceeds all claims , costs , losses , and damages ( including but not limited to all fees and 15 . 01 OWNER May Suspend Work charges of engineers , architects , attorneys , and other professionals and all court or arbitration or other A . At any time and without cause , OWNER may dispute resolution costs ) sustained by OWNER arising suspend the Work or any portion thereof for a period out of or relating to completing the Work, such excess of not more than 90 consecutive days by notice in will be paid to CONTRACTOR . If such claims , costs , writing to CONTRACTOR and ENGINEER which will losses , and damages exceed such unpaid balance , fix the date on which Work will be resumed . CON- CONTRACTOR shall pay the difference to OWNER. TRACTOR shall resume the Work on the date so Such claims , costs , losses , and damages incurred by fixed . CONTRACTOR shall be allowed an adjustment OWNER will be reviewed by ENGINEER as to their in the Contract Price or an extension of the Contract reasonableness and , when so approved by Times , or both , directly attributable to any such ENGINEER, incorporated in a Change Order . When suspension if CONTRACTOR makes a Claim therefor exercising any rights or remedies under this as provided in paragraph 10 . 05 . paragraph OWNER shall not be required to obtain the lowest price for the Work performed . 15 . 02 OWNER May Terminate for Cause C . Where CONTRACTOR' s services have been A. The occurrence of any one or more of the so terminated by OWNER, the termination will not , following events will justify termination for cause : affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter 1 . CONTRACTOR's persistent failure accrue . Any retention or payment of moneys due to perform the Work in accordance with the CONTRACTOR by OWNER will not release CON- Contract Documents ( including , but not limited TRACTOR from liability. to , failure to supply sufficient skilled workers or suitable materials or equipment or failure to 15 . 03 OWNER May Terminate For Convenience adhere to the progress schedule established under paragraph 2 . 07 as adjusted from time to A. Upon seven days written notice to CON- time pursuant to paragraph 6 . 04) ; TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or 2 . CONTRACTOR's disregard of Laws remedy of OWNER , elect to terminate the Contract. or Regulations of any public body having In such case , CONTRACTOR shall be paid (without jurisdiction ; duplication of any items ) : 00700 - General Conditions REV 04-07. doc 00700 - 43 FAEngineering\Special Projects\Eagle Trace Phase 2\Contract Documents\Eegle Trace Subdivision Phase 11\00700 • General Conditions REV 04-07.doc