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<br /> B . If one or more of the events identified in services and furnishing labor, materials , or
<br /> paragraph 15 . 02 .A occur , OWNER may, after giving equipment as required by the Contract
<br /> CONTRACTOR (and the surety, if any) seven days Documents in connection with uncompleted
<br /> written notice , terminate the services of Work , plus fair and reasonable sums for
<br /> CONTRACTOR , exclude CONTRACTOR from the overhead and profit on such expenses ;
<br /> Site , and take possession of the Work and of all
<br /> CONTRACTOR's tools , appliances , construction 3 . for all claims , costs , losses , and
<br /> equipment , and machinery at the Site , and use the damages ( including but not limited
<br /> to all fees
<br /> same to the full extent they could be used by and charges of engineers , architects , attorneys ,
<br /> CONTRACTOR (without liability to CONTRACTOR for and other professionals and all court or
<br /> trespass or conversion ) , incorporate in the Work all arbitration or other dispute resolution costs ) in
<br />-
<br /> materials and equipment stored at the Site or for curred in settlement of terminated contracts
<br /> which OWNER has paid CONTRACTOR but which with Subcontractors , Suppliers , and others ; and
<br /> are stored elsewhere , and finish the Work as OWNER
<br /> may deem expedient . In such case, CONTRACTOR 4 - for reasonable expenses directly
<br /> shall not be entitled to receive any further payment attributable to termination .
<br /> until the Work is finished . If the unpaid balance of the
<br /> Contract Price exceeds all claims , costs , losses , and B . CONTRACTOR shall not be paid on account
<br /> damages ( including but not limited to all fees and of loss of anticipated profits or revenue or
<br />other eco-
<br /> charges of engineers , architects , attorneys , and other nomic loss arising out of or resulting from such
<br /> professionals and all court or arbitration or other termination ,
<br /> dispute resolution costs ) sustained by OWNER arising
<br /> out of or relating to completing the Work , such excess 15 . 04 CONTRACTOR May Stop Work or
<br /> will be paid to CONTRACTOR . If such claims , costs , Terminate
<br /> losses , and damages exceed such unpaid balance ,
<br /> CONTRACTOR shall pay the difference to OWNER . A. If, through no act or fault of CONTRACTOR ,
<br /> Such claims , costs , losses , and damages incurred by the Work is suspended for more than 90 consecutive
<br /> OWNER will be reviewed by ENGINEER as to their days by OWNER or under an order of court or
<br /> other
<br /> reasonableness and , when so approved by public authority, or ENGINEER fails to act on any
<br /> ENGINEER, incorporated in a Change Order. When Application for Payment within 30 days after it is
<br /> exercising any rights or remedies under this submitted ,
<br /> GF OWNER faill; for 20 days to pay Q
<br /> paragraph OWNER shall not be required to obtain the TRACTOR Ai SUFA fiRally deteFrn V
<br /> Red to be , then
<br /> lowest price for the Work performed - CONTRACTOR may, upon seven days written notice
<br /> to OWNER and ENGINEER, and provided OWNER
<br /> C . Where CONTRACTOR's services have been or ENGINEER do not remedy such suspension or
<br /> so terminated by OWNER, the termination will not failure within that time , terminate the Contract
<br /> and
<br /> affect any rights or remedies of OWNER against recover from OWNER payment on the same terms as
<br /> CONTRACTOR then existing or which may thereafter provided in paragraph 15 . 03 . In lieu of terminating the
<br /> accrue . Any retention or payment of moneys due Contract and without prejudice to any other
<br /> right or
<br /> CONTRACTOR by OWNER will not release CON - remedy, if ENGINEER has failed to act on an
<br /> TRACTOR from liability. Application for Payment within 30 days after it is
<br /> submitted ,
<br /> 15 . 03 OWNER May Terminate For Convenience
<br /> CONTRACTOR may, seven days after written notice
<br /> A. Upon seven days written notice to CON - to OWNER and ENGINEER , stop the Work until
<br /> TRACTOR and ENGINEER , OWNER may, without payment is made of all such amounts due
<br /> cause and without prejudice to any other right or CONTRACTOR, including interest thereon . The
<br /> remedy of OWNER, elect to terminate the Contract , provisions of this paragraph 15 . 04 are not intended
<br /> to
<br /> In such case , CONTRACTOR shall be paid (without preclude CONTRACTOR from making a Claim under
<br /> duplication of any items ) : paragraph 10 . 05 for an adjustment in Contract Price
<br /> or Contract Times or otherwise for expenses or
<br /> 1 . for completed and acceptable Work damage directly attributable to CONTRACTOR's
<br /> executed in accordance with the Contract stopping the Work as permitted by this paragraph .
<br /> Documents prior to the effective date of
<br /> termination , including fair and reasonable sums
<br /> for overhead and profit on such Work ;
<br /> 2 , for expenses sustained prior to the
<br /> effective date of termination in performing
<br /> 04Public Works\ENGINEERING DIVISION PROJECTS\0923A Trans Florida Greenway 00700 - 42 00700 - General Conditions REV 04-07 .doc
<br /> (At Sebastian River Middle School )\Admim\Contract Documents\00700 - General Conditions REV
<br /> 4-07 .doc
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