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2 . a waiver of all Claims by CONTRAC - materials and equipment stored at the Site or for
<br /> TOR against OWNER other than those which OWNER has paid CONTRACTOR but which
<br /> previously made in writing which are still are stored elsewhere , and finish the Work as OWNER
<br /> unsettled . may deem expedient . In such case , CONTRACTOR
<br /> shall not be entitled to receive any further payment
<br /> until the Work is finished . If the unpaid balance of the
<br /> ARTICLE 15 - SUSPENSION OF WORK AND Contract Price exceeds all claims , costs , losses , and
<br /> TERMINATION damages ( including but not limited to all fees and
<br /> charges of engineers , architects , attorneys , and other
<br /> professionals and all court or arbitration or other
<br /> 15 . 01 OWNER May Suspend Work dispute resolution costs ) sustained by OWNER arising
<br /> out of or relating to completing the Work , such excess
<br /> A. At any time and without cause , OWNER may will be paid to CONTRACTOR . If such claims , costs ,
<br /> suspend the Work or any portion thereof for a period losses , and damages exceed such unpaid balance
<br />,
<br /> of not more than 90 consecutive days by notice in CONTRACTOR shall pay the difference to
<br />OWNER ,
<br /> writing to CONTRACTOR and ENGINEER which will Such claims , costs , losses , and damages incurred by
<br /> fix the date on which Work will be resumed . CON - OWNER will be reviewed by ENGINEER as to
<br /> their
<br /> TRACTOR shall resume the Work on the date so reasonableness and , when so approved by
<br /> fixed . CONTRACTOR shRll hp allowed an adjUStMeR ENGINEER , incorporated in a Change Order . When
<br /> exercising any rights or remedies under this
<br /> paragraph OWNER shall not be required to obtain the
<br /> lowest price for the Work performed .
<br /> as PFOVided iR paragraph 10 . 05 .
<br /> C . Where CONTRACTOR's services have been
<br /> 15 . 02 OWNER May Terminate for Cause so terminated by OWNER , the termination will not
<br /> -- -_-_ --- -- -._ -- - ---. - - - - ___ _ - __
<br /> -affect—any- - rights-"--remedies—of- O-W-NERagainst
<br /> A . The occurrence of any one or more of the CONTRACTOR then existing or which may thereafter
<br /> following events will justify termination for cause : accrue . Any retention or payment of moneys due
<br /> CONTRACTOR by OWNER will not release CON -
<br /> 1 . CONTRACTOR's persistent failure TRACTOR from liability,
<br /> to perform the Work in accordance with the
<br /> Contract Documents ( including , but not limited 15 . 03 OWNER May Terminate For Convenience
<br /> to , failure to supply sufficient skilled workers or
<br /> suitable materials or equipment or failure to A. Upon seven days written notice to CON -
<br /> adhere to the progress schedule established TRACTOR and ENGINEER , OWNER may, without
<br /> under paragraph 2 . 07 as adjusted from time to cause and without prejudice to any other right or
<br /> time pursuant to paragraph 6 . 04 ) ; remedy of OWNER, elect to terminate the Contract .
<br /> In such case , CONTRACTOR shall be paid (without
<br /> 2 . CONTRACTOR's disregard of Laws duplication of any items ) :
<br /> or Regulations of any public body having
<br /> jurisdiction , 1 . for completed and acceptable Work
<br /> executed in accordance with the Contract
<br /> 3 . CONTRACTOR's disregard of the Documents prior to the effective date of
<br /> authority of ENGINEER ; or termination , including fair and reasonable sums
<br /> for overhead and profit on such Work ;
<br /> 4 . CONTRACTOR's violation in any
<br /> substantial way of any provisions of the 2 , for expenses sustained prior to the
<br /> Contract Documents . effective date of termination in performing
<br /> services and furnishing labor , materials , or
<br /> B . If one or more of the events identified in equipment as required by the Contract
<br /> paragraph 15 . 02 . A occur , OWNER may, after giving Documents in connection with uncompleted
<br /> CONTRACTOR (and the surety, if any) seven days Work , plus fair and reasonable sums for
<br /> written notice , terminate the services of overhead and profit on such expenses ;
<br /> CONTRACTOR , exclude CONTRACTOR from the
<br /> Site , and take possession of the Work and of all 3 , for all claims , costs , losses , and
<br /> CONTRACTOR 's tools , appliances , construction damages ( including but not limited to all fees
<br /> equipment , and machinery at the Site , and use the and charges of engineers , architects , attorneys ,
<br /> same to the full extent they could be used by and other professionals and all court or
<br /> CONTRACTOR (without liability to CONTRACTOR for arbitration or other dispute resolution costs ) in -
<br /> trespass or conversion ) , incorporate in the Work all
<br /> 00700 - General Conditions REV 04-07 .doc
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<br /> 04 -07 .doc
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