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' under paragraph 2.07 as adjusted from time to time 3. for all claims, costs , losses, and damages pursuant to paragraph 6.04); (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals 2. CONTRACTOR's disregard of Laws or Regula- and all court or arbitration or other dispute resolution tions of any public body having jurisdiction; costs) incurred in settlement of terminated contracts with Subcontractors , Suppliers, and others; and 3. CONTRACTOR's disregard of the authority of ' ENGINEER; or 4. for reasonable expenses directly attributable to 4. CONTRACTOR's violation in any substantial termination. way of any provisions of the Contract Documents. B. CONTRACTOR shall not be paid on account of loss ' of anticipated profits or revenue or other economic loss arising B. If one or more of the events identified in paragraph out of or resulting from such termination. 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the 15 . 04 CONTRACTOR May Stop Work or Terminate services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all A. If, through no act or fault of CONTRACTOR, the Work CONTRACTOR's tools, appliances, construction equipment, is suspended for more than 90 consecutive days by OWNER or and machinery at the Site, and use the same to the full extent under an order of court or other public authority, or ENGINEER ' they could be used by CONTRACTOR (without liability to fails to act on any Application for Payment within 30 days after it CONTRACTOR for trespass or conversion), incorporate in the is submitted, or OWNER fails for 30 days to pay CON- Work all materials and equipment stored at the Site or for which TRACTOR any sum finally determined to be due, then OWNER has paid CONTRACTOR but which are stored CONTRACTOR may, upon seven days written notice to elsewhere, and finish the Work as OWNER may deem OWNER and ENGINEER, and provided OWNER or expedient. In such case, CONTRACTOR shall not be entitled to ENGINEER do not remedy such suspension or failure within receive any further payment until the Work is finished. If the that time, terminate the Contract and recover from OWNER unpaid balance of the Contract Price exceeds all claims, costs, payment on the same terms as provided in paragraph 15.03. In losses , and damages (including but not limited to all fees and lieu of terminating the Contract and without prejudice to any ' charges of engineers, architects , attorneys, and other other right or remedy, if ENGINEER has failed to act on an professionals and all court or arbitration or other dispute Application for Payment within 30 days after it is submitted , or resolution costs) sustained by OWNER arising out of or relating OWNER has failed for 30 days to pay CONTRACTOR any sum to completing the Work, such excess will be paid to finally determined to be due, CONTRACTOR may, seven days CONTRACTOR. If such claims, costs, losses, and damages after written notice to OWNER and ENGINEER, stop the Work exceed such unpaid balance, CONTRACTOR shall pay the until payment is made of all such amounts due CONTRACTOR, difference to OWNER. Such claims , costs, losses, and including interest thereon. The provisions of this paragraph damages incurred by OWNER will be reviewed by ENGINEER 15.04 are not intended to preclude CONTRACTOR from making as to their reasonableness and, when so approved by a Claim under paragraph 10. 05 for an adjustment in Contract ENGINEER, incorporated in a Change Order. When exercising Price or Contract Times or otherwise for expenses or damage any rights or remedies under this paragraph OWNER shall not directly attributable to CONTRACTOR's stopping the Work as be required to obtain the lowest price for the Work performed. permitted by this paragraph. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights ARTICLE 16 - DISPUTE RESOLUTION or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON- 16. 01 Methods and Procedures TRACTOR from liability. A. Dispute resolution methods and procedures, if any, ' 15.03 OWNER May Terminate For Convenience shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the A. Upon seven days written notice to CONTRACTOR provisions of paragraphs 9.09 and 10.05, OWNER and CON- and ENGINEER, OWNER may, without cause and without TRACTOR may exercise such rights or remedies as either may prejudice to any other right or remedy of OWNER, elect to otherwise have under the Contract Documents or by Laws or ' terminate the Contract In such case, CONTRACTOR shall be Regulations in respect of any dispute. paid (without duplication of any items): 1 . for completed and acceptable Work executed in ARTICLE 17 - MISCELLANEOUS accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 17. 01 Giving Notice 2. for expenses sustained prior to the effective date A. Whenever any provision of the Contract Documents of termination in performing services and furnishing requires the giving of written notice, it will be deemed to have labor, materials, or equipment as required by the been validly given if delivered in person to the individual or to a Contract Documents in connection with uncompleted member of the firm or to an officer of the corporation for whom it ' Work, plus fair and reasonable sums for overhead and is intended, or if delivered at or sent by registered or certified profit on such expenses ; mail, postage prepaid, to the last business address known to the giver of the notice. ' 6706-38392\8/20/03 00700-33 VRB