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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 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 /> 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 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 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 /> paragraph OWNER shall not be required to obtain the TRACz)I 1-Fl.R% :Qnv Ri im fir�alhe do arminind fn his ci,log 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 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 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 /> submittedn
<br /> , r-OWNERhas f„ ,ad fnr 20 days
<br /> ���7��.
<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 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 /> 00700-General Conditions REV 04-07.doc
<br /> 00700-42
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<br /> SmeadSoft Reprint Date:Monday,January 11,2016-09:22:11-OfficialDocuments:9069,Attachment Id 1,Page 109
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