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CONTRACTOR, indicating in writing the ARTICLE 15 - SUSPENSION OF WORK AND
<br /> reasons for refusing to recommend . final TERMINATION
<br /> payment, in which case CONTRACTOR shall
<br /> make the necessary corrections and resubmit
<br /> the Application for Payment. 15 . 01 OWNER May Suspend Work
<br /> C . Payment Becomes Due A. At any time and without cause , OWNER may
<br /> suspend the Work or any portion thereof fora period
<br /> of not more than 90 consecutive days by notice in
<br /> writing to CONTRACTOR and ENGINEER which will
<br /> aGGGMpaRYiRg the am9URt fix the date on which Work will be resumed . CON -
<br /> er
<br /> FeGOMMeRded hGnl (` INFPR , eiill hernmo r+ Iio TRACTOR shall . resume the Work on the date so
<br /> add , hen due , will tin noirl h � ( �1A / nICC7 +n fixed .
<br /> "
<br /> C, 0- NITRAG- TOR. in +hp Cnn+r r+ PriGe or Pan extenSiOR of the (` nRtFa(3+
<br /> -, ,r, es , op beth , diFeGtly attributa le te-� , - sf�
<br /> 14 .08 Final Completion Delayed
<br /> as previdediRparagraph 10 - 05 .
<br /> A. If, through no fault of CONTRACTOR, final
<br /> completion of the Work is significantly delayed , and if 15 . 02 OWNER May Terminate for Cause
<br /> ENGINEER so confirms , OWNER shall , upon receipt
<br /> of CONTRACTOR's final Application for Payment and A. The occurrence of any one or more of the
<br /> recommendation of ENGINEER, and .without terminat- following eventsmill justify termination for cause :
<br /> ing the Agreement, make payment of the balance due
<br /> for that portion of the Work fully completed and 1 . CONTRACTOR's persistent failure
<br /> accepted . If the remaining balance to be held by to perform the Work in accordance with
<br /> the
<br /> OWNER for Work not fully completed or corrected is Contract Documents (including , but not limited
<br /> less than the retainage stipulated in the Agreement, to , failure to supply sufficient skilled workers or
<br /> and if Bonds have been furnished as required in suitable materials or equipment or failure
<br /> to
<br /> paragraph 5 .01 , the written consent of. the surety to adhere to the progress schedule established
<br /> the payment of the balance due for that portion of the under paragraph 2 . 07 as adjusted from time to
<br /> Work fully completed and accepted shall be submitted time pursuant to paragraph 6 . 04) ;
<br /> by CONTRACTOR to ENGINEER with the Application
<br /> for such payment . Such payment shall be made 2 . CONTRACTOR's disregard of Laws
<br /> under the terms and conditions governing final or Regulations of any public body having
<br /> payment, except that it shall not constitute a waiver of jurisdiction ;
<br /> Claims .
<br /> 3 . CONTRACTOR's disregard of the
<br /> 14 . 09 Waiver of Claims authority of ENGINEER; or
<br /> A. The making and acceptance of final payment 4 . CONTRACTOR's violation in any
<br /> will constitute : substantial way of any provisions of the
<br /> Contract Documents .
<br /> 1 . . a waiver of all Claims by OWNER
<br /> against CONTRACTOR, except Claims arising B . If one or more of the events identified in
<br /> from unsettled Liens , from defective Work paragraph 15 .02 .A occur , OWNER may, after giving
<br /> appearing after final inspection pursuant to CONTRACTOR (and the surety, if any) seven days
<br /> paragraph 14 . 06 , from failure to comply with the written notice , terminate the services of
<br /> n _ . ,. n _ _ . .,, al. ,. a„ _..,., ,. ,.f .. ... , .. .. ,. - I rnntTl?xrTOP exclude CONTRACTOR from
<br /> the
<br /> Uontl act LJocuments or II le IGI I I Is of any Special vv � I � w 1 9
<br /> guarantees specified therein , or from Site , and take possession of the Work and of all
<br /> CONTRACTOR's continuing obligations under CONTRACTOR's tools , appliances , construction
<br /> the Contract Documents ; and equipment, and machinery at the Site, and use the
<br /> same to the full extent they could be used by
<br /> 2 . a waiver of all Claims by CONTRAC- CONTRACTOR (without liability to CONTRACTOR for
<br /> TOR against OWNER other than those trespass or conversion ), incorporate in the Work all
<br /> previously made in writing which are still materials and equipment stored at the Site or for
<br /> unsettled . which OWNER has paid CONTRACTOR but which
<br /> are stored elsewhere , and finish the Work as OWNER
<br /> may deem expedient. In such case, CONTRACTOR
<br /> 00700 - General Conditions REV 04-07 .doc
<br /> 00700 - 42
<br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\0745-Indian River Blvd Sidewalk Imp. Proj 12th-17th St. (LAP)\Admim\bid documents\00700 - General Conditions REV
<br /> 04-07.doc
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