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reasonableness and , when so approved by
<br /> 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 /> 15 .02 OWNER May Terminate for Cause lowest price for the Work performed .
<br /> A. The occurrence of any one or more of the C . Where CONTRACTOR's services have been
<br /> following events will justify termination for cause: so terminated by OWNER, the termination will not
<br /> affect any rights or remedies of OWNER against
<br /> 1 . CONTRACTOR's persistent failure CONTRACTOR then existing or which may thereafter
<br /> to perform the Work in accordance with the accrue. Any retention or payment of moneys due
<br /> Contract Documents (including, but not limited CONTRACTOR by OWNER will not release CON-
<br /> to, failure to supply sufficient skilled workers or TRACTOR from liability.
<br /> suitable materials or equipment or failure to
<br /> adhere to the progress schedule established 15 .03 OWNER May Terminate For Convenience
<br /> under paragraph 2 .07 as adjusted from time to
<br /> time pursuant to paragraph 6.04 ); A. Upon seven days written notice to COW
<br /> TRACTOR and ENGINEER, OWNER may, without
<br /> 2 . CONTRACTOR's disregard of Laws cause and without prejudice to any other right or
<br /> or Regulations of any public body having remedy of OWNER, elect to terminate the Contract.
<br /> jurisdiction ; In such case, CONTRACTOR shall be paid (without
<br /> duplication of any items):
<br /> 3 . CONTRACTOR's disregard of the
<br /> authority of ENGINEER; or 1 . for completed and acceptable Work
<br /> executed in accordance with the Contract
<br /> 4. CONTRACTOR's violation in any Documents prior to the effective date of
<br /> substantial way of any provisions of the termination , including fair and reasonable sums
<br /> Contract Documents . for overhead and profit on such Work;
<br /> Be If one or more of the events identified in 29 for expenses sustained prior to the
<br /> paragraph 15 .02 .A occur, OWNER may, after giving effective date of termination in performing
<br /> CONTRACTOR (and the surety, if any) seven days services and furnishing labor, materials, or
<br /> written notice, terminate the services of equipment as required by the Contract
<br /> CONTRACTOR, exclude CONTRACTOR from the Documents in connection with uncompleted
<br /> Site, and take possession of the Work and of all Work, plus fair and reasonable sums for
<br /> CONTRACTOR's tools, appliances, construction overhead and profit on such expenses ;
<br /> equipment, and machinery at the Site , and use the
<br /> same to the full extent they could be used by 3v for all claims , costs , losses, and
<br /> CONTRACTOR (without liability to CONTRACTOR for damages (including but not limited to all fees
<br /> trespass or conversion ), incorporate in the Work all and charges of engineers, architects, attorneys ,
<br /> materials and equipment stored at the Site or for and other professionals and all court or
<br /> which OWNER has paid CONTRACTOR but which arbitration or other dispute resolution costs) in-
<br /> are stored elsewhere, and finish the Work as OWNER curred in settlement of terminated contracts
<br /> may deem expedient. In such case , CONTRACTOR with Subcontractors, Suppliers , and others; and
<br /> shall not be entitled to receive any further payment
<br /> until the Work is finished . If the unpaid balance of the 48 for reasonable expenses directly
<br /> Contract Price exceeds all claims , costs, losses , and attributable to termination .
<br /> damages (including but not limited to all fees and
<br /> charges of engineers , architects, attorneys , and other Be CONTRACTOR shall not be paid on account
<br /> professionals and all court or arbitration or other of loss of anticipated profits or revenue or other eco-
<br /> dispute resolution costs) sustained by OWNER arising nomic loss arising out of or resulting from such
<br /> out of or relating to completing the Work, such excess termination .
<br /> will be paid to CONTRACTOR. If such claims, costs ,
<br /> losses, and damages exceed such unpaid balance, 15.04 CONTRACTOR May Stop Work or
<br /> CONTRACTOR shall pay the difference to OWNER. Terminate
<br /> Such claims , costs , losses, and damages incurred by
<br /> OWNER will be reviewed by ENGINEER as to their
<br /> 00700 - General Conditions REV 04.07.doc
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<br /> FAPubllc Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927VAdmlm\Contract Documents\00700 - General Conditions
<br /> REV 04-
<br /> 07 .doc
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