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by CONTRACTOR to ENGINEER with the Application under paragraph 2 . 07 as adjusted from time to for such payment. Such payment shall be made time pursuant to paragraph 6. 04) ; under the terms and conditions governing final payment, except that it shall not constitute a waiver of 2 . CONTRACTOR's disregard of Laws Claims. or Regulations of any public body having jurisdiction ; 14 . 09 Waiver of Claims 3 . CONTRACTOR's disregard of the A. The making and acceptance of final payment authority of ENGINEER ; or will constitute: 4 . CONTRACTOR's violation in any 1s a waiver of all Claims by OWNER substantial way of any provisions of the against CONTRACTOR, except Claims arising Contract Documents. from unsettled Liens, from defective Work appearing after final inspection pursuant to B. If one or more of the events identified in paragraph 14 . 06, from failure to comply with the paragraph 15 . 02 .A occur, OWNER may, after giving Contract Documents or the terms of any special CONTRACTOR (and the surety, if any) seven days guarantees specified therein , or from written notice, terminate the services of CONTRACTOR's continuing obligations under CONTRACTOR, exclude CONTRACTOR from the the Contract Documents; and Site , and take possession of the Work and of all CONTRACTOR's tools, appliances, construction 2s a waiver of all Claims by CONTRAC- equipment, and machinery at the Site, and use the TOR against OWNER other than those same to the full extent they could be used by previously made in writing which are still CONTRACTOR (without liability to CONTRACTOR for .unsettled . trespass or conversion) , incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which ARTICLE 15 as SUSPENSION OF WORK AND are stored elsewhere, and finish the Work as OWNER TERMINATION may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished . If the unpaid balance of the 15 .01 OWNER May Suspend Work Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and A. At any time and without cause, OWNER may charges of engineers, architects, attorneys, and other suspend the Work or any portion thereof for a period professionals and all court or arbitration or other of not more than 90 consecutive days by notice in dispute resolution costs) sustained by OWNER arising writing to CONTRACTOR and ENGINEER which will out of or relating to completing the Work, such excess fix the date on which Work will be resumed . CON- will be paid to CONTRACTOR. If such claims, costs, . TRACTOR shall resume the Work on the date so losses, and damages exceed such unpaid balance, fixed . CONTRACTOR shall pay the difference to OWNER . Such claims, costs, losses, and damages incurred by Times, OF both , diF8Gtly attitibutable to any suGh OWNER will be reviewed by ENGINEER as totheir reasonableness and , when so approved by as provided in paFagraph . ENGINEER , incorporated in a Change Order. When exercising any rights or remedies under this 15 . 02 OWNER May Terminate for Cause paragraph OWNER shall not be required to obtain the lowest price for the Work performed . A. The occurrence of any one or more of the following events will justify termination for cause: C . Where CONTRACTOR's services have been so terminated by OWNER, the termination will not 1 . CONTRACTOR's persistent failure affect any rights or remedies of OWNER against to perform the Work in accordance with the CONTRACTOR then existing or which may thereafter Contract Documents (including , but not limited accrue. Any retention or payment of moneys due to, failure to supply sufficient skilled workers or CONTRACTOR by OWNER will not release CON- suitable materials or equipment or failure to TRACTOR from liability. adhere to the progress schedule established 00700 - General Conditions REV 04.07.doc 00700 - 43 FAPublic Works\ENGINEERING DIVISION PROJECTSN 102-Old Dixie Hwy Swk 8th St to SR 60-LAP%dmimlbid documentsWaster Contract Documents100700 - General Conditions REV 04-07.doc