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.3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of
<br /> the reason for withholding certification as provided in Section 9.4 . 1 , or because the Owner has not
<br /> made payment on a Certificate for Payment within the time stated in the Contract Documents; or
<br /> .4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor' s request, reasonable
<br /> evidence as required by Section 2.2. 1 .
<br /> § 14. 1 .- 2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor,
<br /> Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work
<br /> under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work
<br /> by the Owner as described in Section 14 .3 constitute in the aggregate more than 100 percent of the total number of
<br /> days scheduled for completion, or 120 days in any 365 -day period, whichever is less.
<br /> § 14.1 .3 If one of the reasons described in Section 14 . 1 . 1 or 14 . 1 .2 exists, the Contractor may, upon seven days'
<br /> written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work
<br /> executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages.
<br /> § 14.,I A If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a
<br /> Subcontractor or their agents or employees or any other persons performing portions of the Work under contract
<br /> with the Contractor because the Owner has repeatedly failed to fulfill the Owner' s obligations under the Contract
<br /> Documents with resp9r 9 ect to matters important to the progress of the Work, the Contractor may, upon seven additional
<br /> days', written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided
<br /> in Section 14: 1 .3 .
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<br /> § 14.2 TERMINATION BY THE OWNER FOR CAUSE
<br /> 9 9,9A § 14.2.9 111 The Owner may terminate the Contract if the Contractor ,
<br /> A I repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
<br /> .2 fails to "makepayment to Subcontractors for materials or labor in accordance with the respective
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<br /> agreements between the Contractor and the Subcontractors,
<br /> .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
<br /> orders of a public authority; or
<br /> ,4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
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<br /> § 14.2.2 When , any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that
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<br /> sufficient " cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and
<br /> after giving the Contractor and the Contractor' s surety, if any, seven days' written notice, terminate employment of
<br /> the Contractor and may, subject to any prior rights of the surety:
<br /> .1I Exclude the Contractor from the site and take possession of all materials, equipment, tools, and
<br /> construction equipment and machinery thereon owned by the Contractor,
<br /> .2 Acceptt, assignment of subcontracts pursuant to Section 5 .4; and
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<br /> Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written
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<br /> r9 9 request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs
<br /> r incurred by the Owner in finishing the Work.
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<br /> § 14.2.3 Whenahe Owner terminates the Contract for one of the reasons stated in Section 14.2. 1 , the Contractor shall
<br /> not be entitled to receive further payment until the Work is finished.
<br /> § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for
<br /> the Architect' s services and expenses made necessary thereby, and other damages incurred by the Owner and not
<br /> expressly waived; such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance,
<br /> the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case
<br /> maybe, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall
<br /> survive termination of the Contract.
<br /> § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
<br /> § 14.3. 1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in
<br /> whole or in part for such period of time as the Owner may determine.
<br /> Init. AIA Document A201 TM 111112007. Copyright © 1911 , 1915, 1918, 19259 1937, 1951 , 1958, 1961 , 19631196611970* 1976, 1987, 1997 and 2007
<br /> by The American
<br /> Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
<br /> reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted
<br /> to the
<br /> maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979 1 which
<br /> expires on 02/05/2013, and is not for resale.
<br /> User Notes: (811102566
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