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CONTRACTOR, indicating in writing the ARTICLE 15 -SUSPENSION OF WORK AND reasons for refusing to recommend final TERMINATION payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. 15.01 OWNER May Suspend Work C. Payment Becomes Due A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period ,1 Thirty days after the nresentatinn +c of not more than 90 consecutive days by notice in OWNERof the T nnliGatinn for Payment and writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CON- rGnnmmonded by ENGINEER will beGGme .due TRACTOR shall resume the Work on the date so and, when due, will be paid by OWNER t fixed. C-C-)NITRAC-TOR shall be allowed an adjustmen CONTRACTOR. ..n. the G_GntFaGt PFiGe or an extension of the Gentrai;t 14.08 Final Completion Delayed as prGvided paragraph 10.05. A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if 15.02 OWNER May Terminate for Cause ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and A. The occurrence of any one or more of the recommendation of ENGINEER, and without terminat- following events will justify termination for cause: ing the Agreement, make payment of the balance due for that portion of the Work fully completed and 1. CONTRACTOR's persistent failure accepted. If the remaining balance to be held by to perform the Work in accordance with the OWNER for Work not fully completed or corrected is Contract Documents (including, but not limited less than the retainage stipulated in the Agreement, to, failure to supply sufficient skilled workers or and if Bonds have been furnished as required in suitable materials or equipment or failure to paragraph 5.01, the written consent of the surety to adhere to the progress schedule established the payment of the balance due for that portion of the under paragraph 2.07 as adjusted from time to Work fully completed and accepted shall be submitted time pursuant to paragraph 6.04); by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made 2. CONTRACTOR's disregard of Laws under the terms and conditions governing final or Regulations of any public body having payment, except that it shall not constitute a waiver of jurisdiction; Claims. 3. CONTRACTOR's disregard of the 14.09 Waiver of Claims authority of ENGINEER; or A. The making and acceptance of final payment 4. CONTRACTOR's violation in any will constitute: substantial way of any provisions of the Contract Documents. 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising B. If one or more of the events identified in from unsettled Liens, from defective Work paragraph 15.02.A occur, OWNER may, after giving appearing after final inspection pursuant to CONTRACTOR (and the surety, if any) seven days paragraph 14.06, from failure to comply with the written notice, terminate the services of Contract Documents or the terms of any special CONTRACTOR, exclude CONTRACTOR from the guarantees specified therein, or from Site, and take possession of the Work and of all CONTRACTOR's continuing obligations under CONTRACTOR's tools, appliances, construction the Contract Documents; and equipment, and machinery at the Site, and use the same to the full extent they could be used by 2. a waiver of all Claims by CONTRAC- CONTRACTOR (without liability to CONTRACTOR for TOR against OWNER other than those trespass or conversion), incorporate in the Work all previously made in writing which are still materials and equipment stored at the Site or for unsettled. which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR 00700-General Conditions REV 04-07.doe 00700-42 FAPublic Works\ENGINEERING DIVISION PROJECTS\1306 Oslo Road(E of 15th Ave SW)Pipe Culvert Improvement\Admim\bid documents\00700-General Conditions REV 04-07.doc