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err als or equipment or failure to adhere to the progress then existing or which may thereafter accrue. Any retention schedule established under paragraph 2 .07 as or payment of moneys due CONTRACTOR by OWNER adjusted from time to time pursuant to paragraph will not release CONTRACTOR from liability. 6.04) ; A new Paragraph 15.02.) has been added. See the 2 . CONTRACTOR' s disregard of Laws or Supplementary Conditions. Regulations of any public body having jurisdiction; 9 15 .03 OWNER May Terminate For Convenience L 3 . CONTRACTOR' s disregard of the authority of ENGINEER; or A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause 4 . CONTRACTOR' s violation in any and without prejudice to any other right or remedy of substantial way of any provisions of the Contract OWNER, elect to terminate the Contract. In such case, Documents. CONTRACTOR shall be paid (without duplication of any items): New Paragraphs 15.02.A.5 and 15.02.A.6 have been added. See the Supplementary Conditions. 1 . for completed and acceptable Work executed in accordance with the Contract Docu- v The third sentence of Paragraph 15.02.B has been ments prior to the effective date of termination, deleted and replaced with a new sentence. See the including fair and reasonable sums for overhead and Supplementary Conditions. profit on such Work; B . If one or more of the events identified in paragraph 15 .02 .A occur, OWNER may, after giving CONTRACTOR 2 , for expenses sustained prior to the (and the surety, if any) seven days written notice, terminate effective date of termination in performing services the services of CONTRACTOR, exclude CONTRACTOR and finmishing labor, materials, or equipment as re- from the Site, and take possession of the Work and of all quired by the Contract Documents in connection CONTRACTOR' s tools, appliances, construction equip- with uncompleted Work, plus fair and reasonable ment, and machinery at the Site, and use the same to the full sums for overhead and profit on such expenses; extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), Paragraph 15.03.A.3 has been deleted in its entirety, incorporate in the Work all materials and equipment stored 3 . _ferr all elaLva^ costs, lesse" and damages. at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as , and e OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. , , an I ers;and 4 . for reasonable expenses directly attributable to termination. sustained b QVATER arising ow of of relating to senipleti$g—a:e We= ; -snsl3 e9esess will be paid B . CONTRACTOR shall not be paid on account o If such claims, costs, losses, and loss of anticipated profits or revenue or other economic loss damages exceed such unpaid balance, CONTRACTOR arising out of or resulting from such termination. shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed 15 .04 CONTRACTOR May Stop Work or Terminate by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. Parts of Paragraph 15.04 have been deleted. When exercising any rights or remedies under this A. If, through no act or fault of CONTRACTOR, the paragraph OWNER shall not be required to obtain the Work is suspended for more than 90 consecutive days by lowest price for the Work performed. OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for C. Where CONTRACTOR' s services have been so Payment within 30 days after it is submitted, of 0 terminated by OWNER, the termination will not affect any fans or--3,0 days to paTCONT- AC-,TOR any sum finally rights or remedies of OWNER against CONTRACTOR detemined te be due, then CONTRACTOR may, upon Rev . 03 / 2006 Egret Marsh 00700 - 44