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writing to CONTRACTOR and ENGINEER which will will be paid to CONTRACTOR . If such claims , costs ,
<br /> fix the date on which Work will be resumed . CON - losses , and damages exceed such unpaid
<br /> balance ,
<br /> TRACTOR shall resume the Work on the date so CONTRACTOR shall pay the difference to OWNER .
<br /> fixed . Such claims , costs , losses , and damages incurred by
<br /> OWNER will be reviewed by ENGINEER as to their
<br /> reasonableness and , when so approved by
<br /> suspeRS OR 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
<br /> 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 /> B . If one or more of the events identified in 20 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 3 , 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 4 , 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 B . 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 /> 00700 - General Conditions REV 5- 10 13. doc
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<br /> Documents\00700 - General Conditions REV ; 10-13. doc
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