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15.03 OWNER May Terminate For Convenience Application for Payment within 30 days after it is submitted, 9F OWNER has failed for 30 day6 to pay A. Upon seven days written notice to CON- CONTRACTOR any sum finally determined to be due, TRACTOR and ENGINEER, OWNER may, without CONTRACTOR may, seven days after written notice cause and without prejudice to any other right or to OWNER and ENGINEER, stop the Work until remedy of OWNER, elect to terminate the Contract. payment is made of all such amounts due In such case, CONTRACTOR shall be paid (without CONTRACTOR, including interest thereon The duplication of any items) provisions of this paragraph 15 04 are not intended to preclude CONTRACTOR from making a Claim under 1. for completed and acceptable Work paragraph 10 05 for an adjustment in Contract Price executed in accordance with the Contract or Contract Times or otherwise for expenses or Documents prior to the effective date of damage directly attributable to CONTRACTOR's termination, including fair and reasonable sums stopping the Work as permitted by this paragraph. for overhead and profit on such Work; 2. for expenses sustained prior to the ARTICLE 16 - DISPUTE RESOLUTION effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract 16.01 Methods and Procedures Documents in connection with uncompleted Work, plus fair and reasonable sums for A. Dispute resolution methods and procedures, if overhead and profit on such expenses; any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set 3 for all claims, costs, losses, and forth, and subject to the provisions of paragraphs 9 09 damages (including but not limited to all fees and 10.05, OWNER and CONTRACTOR may and charges of engineers, architects, attorneys, exercise such rights or remedies as either may and other professionals and all court or otherwise have under the Contract Documents or by arbitration or other dispute resolution costs) in- Laws or Regulations in respect of any dispute. curred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and ARTICLE 17 - MISCELLANEOUS 4 for reasonable expenses directly attributable to termination. 17.01 Giving Notice B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- A. Whenever any provision of the Contract nomic loss arising out of or resulting from such Documents requires the giving of written notice, it will termination. be deemed to have been validly given if delivered in person to the individual or to a member of the firm or 15 04 CONTRACTOR May Stop Work or to an officer of the corporation for whom it is intended, Terminate or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known A. If, through no act or fault of CONTRACTOR, to the giver of the notice. the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other 17.02 Computation of Times public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is A. When any period of time is referred to in the submitted, Contract Documents by days, it will be computed to then exclude the first and include the last day of such CONTRACTOR may, upon seven days written notice period If the last day of any such period falls on a to OWNER and ENGINEER, and provided OWNER Saturday or Sunday or on a day made a legal holiday or ENGINEER do not remedy such suspension or by the law of the applicable jurisdiction, such day will failure within that time, terminate the Contract and be omitted from the computation. recover from OWNER payment on the same terms as provided in paragraph 15 03 In lieu of terminating the 17 03 Cumulative Remedies Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an 00700-General Conditions REV 5-10-13.doc 00700-44 F1Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th SQ)Admim\bid documentsWaster Contract Documents100700-General Conditions REV 5-10-13.doc