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A. If, through no act or fault of CONTRACTOR, postage prepaid , to the last business address known <br /> the Work is suspended for more than 90 consecutive to the giver of the notice . <br /> days by OWNER or under an order of court or other <br /> public authority, or ENGINEER fails to act on any 17 . 02 Computation of Times <br /> Application for Payment within 30 days after it is <br /> submitted , A. When any period of time is referred to in the <br /> TRASC. TGR aRY sum finally deteRnined to be due. , then Contract Documents by days , it will be computed to <br /> CONTRACTOR may, upon seven days written notice exclude the first and include the last day of such <br /> to OWNER and ENGINEER, and provided OWNER period . If the last day of any such period falls on a <br /> or ENGINEER do not remedy such suspension or Saturday or Sunday or on a day made a legal holiday <br /> failure within that time, terminate the Contract and by the law of the applicable jurisdiction , such <br /> day will <br /> recover from OWNER payment on the same terms as be omitted from the computation . <br /> provided in paragraph 15 .03 . In lieu of terminating the <br /> Contract and without prejudice to any other right or 17 .03 Cumulative Remedies <br /> remedy, if ENGINEER has failed to act on an <br /> Application for Payment within 30 days after it is A. The duties and obligations imposed by these <br /> submitted , OF GVVNgR halmw failed fer 30 days to pay General Conditions and the rights and remedies avail- <br /> , able hereunder to the parties hereto are in addition to, <br /> CONTRACTOR may, seven days after written notice and are not to be construed in any way as a limitation <br /> to OWNER and ENGINEER, stop the Work until of, any rights and remedies available to any or all of <br /> payment is made of all such amounts due them which are otherwise imposed or available by <br /> CONTRACTOR, including interest thereon . The Laws or Regulations, by special warranty or <br /> provisions of this paragraph 15 .04 are not intended to guarantee, or by other provisions of the Contract <br /> preclude CONTRACTOR from making a Claim under Documents, and the provisions of this paragraph will <br /> paragraph 10 .05 for an adjustment in Contract Price be as effective as if repeated specifically in the <br /> or Contract Times or otherwise for expenses or- Contract Documents in connection with each <br /> damage directly attributable to CONTRACTOR's particular duty, obligation , right, and remedy to which <br /> stopping the Work as permitted by this paragraph . they apply. <br /> 17 .04 Survival of Obligations <br /> ARTICLE 16 - DISPUTE RESOLUTION <br /> A. All representations, indemnifications, warran- <br /> ties, and guarantees made in , required by, or given in <br /> 16 .01 Methods and Procedures accordance with the Contract Documents , as well as <br /> all continuing obligations indicated in the Contract <br /> A. Dispute resolution methods and procedures , if Documents, will survive final payment, completion , <br /> any, shall be as set forth in the Supplementary and acceptance of the Work or termination or comple- <br /> Conditions. If no method and procedure has been set tion of the Agreement. <br /> forth, and subject to the provisions of paragraphs 9 .09 <br /> and 10 .05, OWNER and CONTRACTOR may 17 .05 Controlling Law <br /> exercise such rights or remedies as either may <br /> otherwise have under the Contract Documents or by A. This Contract is to be governed by the law of the <br /> Laws or Regulations in respect of any dispute . state in which the Project is located. <br /> ARTICLE 17 an MISCELLANEOUS <br /> 17 .01 Giving Notice <br /> A. Whenever any provision of the Contract <br /> Documents requires the giving of written notice, it will <br /> be deemed to have been validly given if delivered in <br /> person to the individual or to a member of the firm or <br /> to an officer of the corporation for whom it is intended , <br /> or if delivered at or sent by registered or certified mail , <br /> 00700 - General Conditions REV 04-07.doc <br /> 00700 - 44 <br /> F:\Public Works\ENGINEERING DIVISION PROJECTS\1131 -IR Blvd Resurfacing 41st St to 53rd St-SEE PROJ 0927V\dmim\Contract Documents\00700 - General Conditions <br /> REV 04- <br /> 07.doc <br />