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Y g.5 <br /> 2 , a waiver of all Claims by CONTRAC - materials and equipment stored at the Site or for <br /> TOR against OWNER other than those which OWNER has paid CONTRACTOR but which <br /> previously made in writing which are still are stored elsewhere , and finish the Work as OWNER <br /> unsettled , may deem expedient . In such case , CONTRACTOR <br /> shall not be entitled to receive any further payment <br /> until the Work is finished . If the unpaid balance of the <br /> ARTICLE 15 - SUSPENSION OF WORK AND Contract Price exceeds all claims , costs , losses , and <br /> TERMINATION damages ( including but not limited to all fees and <br /> charges of engineers , architects , attorneys , and other <br /> professionals and all court or arbitration or other <br /> 15 . 01 OWNER May Suspend Work dispute resolution costs ) sustained by OWNER arising <br /> out of or relating to completing the Work , such excess <br /> A. At any time and without cause , OWNER may will be paid to CONTRACTOR . If such claims , costs , <br /> suspend the Work or any portion thereof for a period losses , and damages exceed such unpaid <br /> balance , <br /> of not more than 90 consecutive days by notice in CONTRACTOR shall pay the difference to <br /> OWNER , <br /> writing to CONTRACTOR and ENGINEER which will Such claims , costs , losses , and damages incurred by <br /> fix the date on which Work will be resumed . CON - OWNER will be reviewed by ENGINEER as <br /> to their <br /> TRACTOR shall resume the Work on the date so reasonableness and , when so approved by <br /> fixed . GONTRAGTOR 6hall be allowed an adjUlStFAGR 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 /> lowest price for the Work performed . <br /> C . Where CONTRACTOR's services have been <br /> 15 . 02 OWNER May Terminate for Cause so terminated by OWNER , the termination will not <br /> affect any rights or remedies of OWNER against <br /> A. The occurrence of any one or more of the CONTRACTOR then existing or which may thereafter <br /> following events will justify termination for cause : accrue . Any retention or payment of moneys due <br /> CONTRACTOR by OWNER will not release CON - <br /> 1 . CONTRACTOR's persistent failure TRACTOR from liability, <br /> to perform the Work in accordance with the <br /> Contract Documents ( including , but not limited 15 . 03 OWNER May Terminate For Convenience <br /> to , failure to supply sufficient skilled workers or <br /> suitable materials or equipment or failure to A. Upon seven days written notice to CON - <br /> adhere to the progress schedule established TRACTOR and ENGINEER, OWNER may, without <br /> under paragraph 2 . 07 as adjusted from time to cause and without prejudice to any other right or <br /> time pursuant to paragraph 6 . 04 ) ; remedy of OWNER , elect to terminate the Contract . <br /> In such case , CONTRACTOR shall be paid (without <br /> 2 . CONTRACTOR's disregard of Laws duplication of any items ) : <br /> or Regulations of any public body having <br /> jurisdiction ; 1 . for completed and acceptable Work <br /> executed in accordance with the Contract <br /> 3 . CONTRACTOR's disregard of the Documents prior to the effective date of <br /> authority of ENGINEER; or termination , including fair and reasonable sums <br /> 4 . CONTRACTOR's violation in any for overhead and profit on such Work ; <br /> substantial way of any provisions of the 2 , for expenses sustained prior to the <br /> Contract Documents , effective date of termination in performing <br /> services and furnishing labor, materials , or <br /> B . If one or more of the events identified in equipment as required by the Contract <br /> paragraph 15 . 02 .A occur, OWNER may, after giving Documents in connection with uncompleted <br /> CONTRACTOR (and the surety, if any) seven days Work , plus fair and reasonable sums for <br /> written notice , terminate the services of overhead and profit on such expenses ; <br /> CONTRACTOR, exclude CONTRACTOR from the <br /> Site , and take possession of the Work and of all 3 , for all claims , costs , losses , and <br /> CONTRACTOR's tools , appliances , construction damages ( including but not limited to all fees <br /> equipment, and machinery at the Site , and use the and charges of engineers , architects , attorneys <br />, <br /> same to the full extent they could be used by and other professionals and all court or <br /> CONTRACTOR (without liability to CONTRACTOR for arbitration or other dispute resolution costs ) in - <br /> trespass or conversion ) , incorporate in the Work all <br /> 00700 - General Conditions REV 04-07 .doc <br /> 00700 - 41 <br /> F :\Public Works\ENGINEERING DIVISION PROJECTS\0517-OSLO ROAD-43rd Ave to 58th Ave-Phase III\Admim\bid documents\00700 - General Conditions REV 04-07 <br />. doc <br />