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ARTICLE 15 - SUSPENSION OF WORK AND
<br />TERMINATION
<br />15.01 OWNER May Suspend Work
<br />A. At any time and without cause, OWNER may
<br />suspend the Work or any portion thereof for a period
<br />of not more than 90 consecutive days by notice in
<br />writing to CONTRACTOR and ENGINEER which will
<br />fix the date on which Work will be resumed. CON-
<br />TRACTOR shall resume the Work on the date so
<br />fixed.
<br />cucpension if CONTRACTOR makes a Claim therefor
<br />ef.
<br />15.02 OWNER May Terminate for Cause
<br />A. The occurrence of any one or more of the
<br />following events will justify termination for cause:
<br />1. CONTRACTOR's persistent failure
<br />to perform the Work in accordance with the
<br />Contract Documents (including, but not limited
<br />to, failure to supply sufficient skilled workers or
<br />suitable materials or equipment or failure to
<br />adhere to the progress schedule established
<br />under paragraph 2.07 as adjusted from time to
<br />time pursuant to paragraph 6.04);
<br />2. CONTRACTOR's disregard of Laws
<br />or Regulations of any public body having
<br />jurisdiction;
<br />3. CONTRACTOR's disregard of the
<br />authority of ENGINEER; or
<br />4. CONTRACTOR's violation in any
<br />substantial way of any provisions of the
<br />Contract Documents.
<br />B. If one or more of the events identified in
<br />paragraph 15.02.A occur, OWNER may, after giving
<br />CONTRACTOR (and the surety, if any) seven days
<br />written notice, terminate the services of
<br />CONTRACTOR, exclude CONTRACTOR from the
<br />Site, and take possession of the Work and of all
<br />CONTRACTOR's tools, appliances, construction
<br />equipment, and machinery at the Site, and use the
<br />same to the full extent they could be used by
<br />CONTRACTOR (without liability to CONTRACTOR for
<br />trespass or conversion), incorporate in the Work all
<br />materials and equipment stored at the Site or for
<br />which OWNER has paid CONTRACTOR but which
<br />are stored elsewhere, and finish the Work as OWNER
<br />may deem expedient. In such case, CO
<br />shall not be entitled to receive any furt
<br />until the Work is finished. If the unpaid b.
<br />Contract Price exceeds all claims, costs,
<br />damages (including but not limited to
<br />charges of engineers, architects, attorney
<br />professionals and all court or arbitrati
<br />dispute resolution costs) sustained by 0
<br />out of or relating to completing the Work,
<br />will be paid to CONTRACTOR. If such cl
<br />losses, and damages exceed such unp
<br />CONTRACTOR shall pay the difference
<br />Such claims, costs, losses, and damages
<br />OWNER will be reviewed by ENGINEE
<br />reasonableness and, when so ap
<br />ENGINEER, incorporated in a Change 0
<br />exercising any rights or remedies
<br />paragraph OWNER shall not be required
<br />lowest price for the Work performed.
<br />TRACTOR
<br />er payment
<br />lance of the
<br />losses, and
<br />II fees and
<br />, and other
<br />n or other
<br />NER arising
<br />uch excess
<br />ims, costs,
<br />id balance,
<br />o OWNER.
<br />incurred by
<br />as to their
<br />•roved by
<br />der. When
<br />under this
<br />o obtain the
<br />0
<br />C. Where CONTRACTOR's service have been
<br />so terminated by OWNER, the termina ion will not
<br />affect any rights or remedies of OWNER against
<br />CONTRACTOR then existing or which m thereafter
<br />accrue. Any retention or payment of oneys due
<br />CONTRACTOR by OWNER will not rel ase CON-
<br />TRACTOR from liability.
<br />15.03 OWNER May Terminate For Con enience
<br />A. Upon seven days written notic- to CON-
<br />TRACTOR and ENGINEER, OWNER ay, without
<br />cause and without prejudice to any of er right or
<br />remedy of OWNER, elect to terminate t e Contract.
<br />In such case, CONTRACTOR shall be p=id (without
<br />duplication of any items):
<br />1. for completed and acce•table Work
<br />executed in accordance with th Contract
<br />Documents prior to the effecti e date of
<br />termination, including fair and reaso able sums
<br />for overhead and profit on such Wo ;
<br />2. for expenses sustained .rior to the
<br />effective date of termination in performing
<br />services and fumishing labor, materials, or
<br />equipment as required by the Contract
<br />Documents in connection with u completed
<br />Work, plus fair and reasonable sums for
<br />overhead and profit on such expens-s;
<br />3. for all claims, costs, I
<br />damages (including but not limited
<br />and charges of engineers, architect'
<br />and other professionals and al
<br />arbitration or other dispute resolutio
<br />curred in settlement of terminate
<br />with Subcontractors, Suppliers, and
<br />11
<br />sses, and
<br />to all fees
<br />, attorneys,
<br />court or
<br />costs) in -
<br />contracts
<br />thers; and
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<br />itions REV 5-10-
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