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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 /> of not more than 90 consecutive days by notice in CONTRACTOR shall pay the difference to 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 . ENGINEER, incorporated in a Change Order. When
<br /> 'A the G. G. W.FalSt PFiG9 OF AAA e)densien of the GentFaGt 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 /> C. Where CONTRACTOR's services have been
<br /> 15. 02 OWNER May Terminate for Cause so terminated by OWNER, the termination will not
<br /> affect any rights or remedies of OWNER against
<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
<br /> 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 ; 16 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 20 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 0407.doc
<br /> 00700 - 41
<br /> FAPublic Works%ENGINEERING DIVISION PROJECTS\0545-66Th Ave SR60 to 57th St (Arcadis)Wrnim\Bid Documents100700 - General Conditions REV 04.07.doc
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