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B . If one or more of the events identified in services and furnishing labor, materials , or <br /> paragraph 15 . 02 . A occur, OWNER may , after giving equipment as required by the Contract <br /> CONTRACTOR ( and the surety , if any) seven days Documents in connection with uncompleted <br /> written notice , terminate the services of Work , plus fair and reasonable sums for <br /> CONTRACTOR , exclude CONTRACTOR from the overhead and profit on such expenses , <br /> Site , and take possession of the Work and of all <br /> CONTRACTOR 's tools , appliances , construction 3 . for all claims , costs , losses , and <br /> equipment, and machinery at the Site , and use the damages ( including but not limited <br /> to all fees <br /> same to the full extent they could be used by and charges of engineers , architects , attorneys , <br /> CONTRACTOR (without liability to CONTRACTOR for and other professionals and all court or <br /> trespass or conversion ) , incorporate in the Work all arbitration or other dispute resolution costs) in- <br /> materials and equipment stored at the Site or for curred in settlement of terminated contracts <br /> which OWNER has paid CONTRACTOR but which with Subcontractors, Suppliers , and others; and <br /> are stored elsewhere , and finish the Work as OWNER <br /> may deem expedient. In such case , CONTRACTOR 4 . for reasonable expenses directly <br /> shall not be entitled to receive any further payment attributable to termination . <br /> until the Work is finished . If the unpaid balance of the <br /> Contract Price exceeds all claims , costs , losses , and B . CONTRACTOR shall not be paid on account <br /> damages ( including but not limited to all fees and of loss of anticipated profits or revenue <br />or other eco- <br /> charges of engineers , architects , attorneys , and other nomic loss arising out of or resulting from such <br /> professionals and all court or arbitration or other termination , <br /> dispute resolution costs) sustained by OWNER arising <br /> out of or relating to completing the Work , such excess 15 . 04 CONTRACTOR May Stop Work or <br /> will be paid to CONTRACTOR . If such claims , costs , Terminate <br /> losses, and damages exceed such unpaid balance , <br /> CONTRACTOR shall pay the difference to OWNER . A. If, through no act or fault of CONTRACTOR , <br /> Such claims , costs , losses, and damages incurred by the Work is suspended for more than 90 consecutive <br /> OWNER will be reviewed by ENGINEER as to their days by OWNER or under an order of court or <br />other <br /> reasonableness and , when so approved by public authority , or ENGINEER fails to act on any <br /> ENGINEER , incorporated in a Change Order, When Application for Payment within 30 days after it is <br /> exercising any rights or remedies under this submitted , <br /> paragraph OWNER shall not be required to obtain the , then <br /> lowest price for the Work performed . CONTRACTOR may, upon seven days written notice <br /> to OWNER and ENGINEER , and provided OWNER <br /> C . Where CONTRACTOR' s services have been or ENGINEER do not remedy such suspension or <br /> so terminated by OWNER , the termination will not failure within that time, terminate the Contract and <br /> affect any rights or remedies of OWNER against recover from OWNER payment on the same terms as <br /> CONTRACTOR then existing or which may thereafter provided in paragraph 15 . 03 . In lieu of terminating the <br /> accrue. Any retention or payment of moneys due Contract and without prejudice to any other <br /> right or <br /> CONTRACTOR by OWNER will not release CON - remedy , if ENGINEER has failed to act on an <br /> TRACTOR from liability. Application for Payment within 30 days after it is <br /> submitted , oF OWNER has failed faF 30 days to pay <br /> 15 . 03 OWNER May Terminate For Convenience , <br /> CONTRACTOR may, seven days after written notice <br /> A. Upon seven days written notice to CON- to OWNER and ENGINEER , stop the Work until <br /> TRACTOR and ENGINEER , OWNER may, without payment is made of all such amounts due <br /> cause and without prejudice to any other right or CONTRACTOR , including interest thereon . The <br /> remedy of OWNER , elect to terminate the Contract, provisions of this paragraph 15 . 04 are not intended to <br /> In such case , CONTRACTOR shall be paid (without preclude CONTRACTOR from making a Claim under <br /> duplication of any items ) : paragraph 10 . 05 for an adjustment in Contract Price <br /> or Contract Times or otherwise for expenses or <br /> 1 . for completed and acceptable Work damage directly attributable to CONTRACTOR ' s <br /> executed in accordance with the Contract stopping the Work as permitted by this paragraph . <br /> Documents prior to the effective date of <br /> termination , including fair and reasonable sums <br /> for overhead and profit on such Work ; <br /> 2 . for expenses sustained prior to the <br /> effective date of termination in performing <br /> 00700 - General Conditions REV 5-10-13.doc <br /> 00700 - 42 <br /> 1=:\Public Works\ENGINEERING DIVISION PROJECTS\1336-Gifford Senior Ballfield\Admin\bid documents\MasterContract\Contract Documents\00700 - General Conditions <br /> REV 5-10- <br /> 13.doc <br />