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curred in settlement of terminated contracts ARTICLE 17 - MISCELLANEOUS with Subcontractors, Suppliers, and others; and 40 for reasonable expenses directly 17. 01 Giving Notice attributable to termination . A. Whenever any provision of the Contract 6: CONTRACTOR shall not be paid on account Documents requires the giving of written notice, it will of loss of anticipated profits or revenue or other eco- be deemed to have been validly given if delivered in nomic loss arising out of or resulting from such person to the individual or to a member of the firm or termination . to an officer of the corporation for whom it is intended , or if delivered at or sent by registered or certified mail, 15. 04 CONTRACTOR May Stop Work or postage prepaid , to the last business address known Terminate to the giver of the notice. A. If, through no act or fault of CONTRACTOR, 17. 02 Computation of Times the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other A. When any period of time is referred to in the public authority, or ENGINEER fails to act on any Contract Documents by days, it will be computed to Application for Payment within 30 days after it is exclude the first and include the last day of such submitted , OF QWN9R fa as f49F 30 days to pay G period. If the last day of any such period falls on a TRACTOR any sum finally detei;mined to be due, then Saturday or Sunday or on a day made a legal holiday CONTRACTOR may, upon seven days written notice by the law of the applicable jurisdiction, such day will to OWNER and ENGINEER, and provided OWNER be omitted from the computation. or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and 17. 03 Cumulative Remedies recover from OWNER payment on the same terms as provided in paragraph 15. 03. In lieu of terminating the A. The duties and obligations imposed by these Contract and without prejudice to any other right or General Conditions and the rights and remedies avail- ' remedy, if ENGINEER has failed to act on an able hereunder to the parties hereto are in addition to, Application for Payment within 30 days after it is and are not to be construed in any way as a limitation submitted, OF OWNER has failed fQF 30 days to pay of, any rights and remedies available to any or all of GONTRAGTOR any sum finally determined to be , them which are otherwise imposed or available by CONTRACTOR may, seven days after written notice Laws or Regulations, by special warranty or to OWNER and ENGINEER, stop the Work until guarantee, or by other provisions of the Contract payment is .made of all such amounts due Documents, and the provisions of this paragraph will CONTRACTOR, including interest thereon . The be as effective as if repeated specifically in the provisions of this paragraph 15. 04 are not intended to Contract Documents in connection with each preclude CONTRACTOR from making a Claim under particular duty, obligation , right, and remedy to which paragraph 10. 05 for an adjustment in Contract Price they apply. or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's 17. 04 Survival of Obligations stopping the Work as permitted by this paragraph . A. All representations, indemnifications, warren- ties, and guarantees made in , required by, or given in ARTICLE 16 - DISPUTE RESOLUTION accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion , 16 . 01 Methods and Procedures and acceptance of the Work or termination or comple- bon of the Agreement. A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary 17 . 05 Controlling Law Conditions. If no method and procedure has been set forth , and subject to the provisions of paragraphs 9.09 A. This Contract is to be governed by the law of the and 10 .05 , OWNER and CONTRACTOR may state in which the Project is located. exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 00700 - General Conditions REV 0447.doc 00700 - 42 FIPublic Works\ENGINEERING DNISION PROJECTS\0545=66Th Ave SR60 to 57th St (Arcedis)Wdmim\Bid Documents\00700 - General Conditions REV 04-07.doc