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shall not be entitled to receive any further payment 4. for reasonable expenses directly
<br /> until the Work is finished. If the unpaid balance of the attributable to termination.
<br /> Contract Price exceeds all claims, costs, losses, and
<br /> damages (including but not limited to all fees and B. CONTRACTOR shall not be paid on account
<br /> charges of engineers, architects, attorneys, and other of loss of anticipated profits or revenue or other eco-
<br /> professionals and all court or arbitration or other nomic loss arising out of or resulting from such
<br /> dispute resolution costs) sustained by OWNER arising termination.
<br /> out of or relating to completing the Work, such excess
<br /> will be paid to CONTRACTOR. If such claims, costs, 15.04 CONTRACTOR May Stop Work or
<br /> losses, and damages exceed such unpaid balance, Terminate
<br /> CONTRACTOR shall pay the difference to OWNER.
<br /> Such claims, costs, losses, and damages incurred by A. If, through no act or fault of CONTRACTOR,
<br /> OWNER will be reviewed by ENGINEER as to their the Work is suspended for more than 90 consecutive
<br /> reasonableness and, when so approved by days by OWNER or under an order of court or other
<br /> ENGINEER, incorporated in a Change Order. When public authority, or ENGINEER fails to act on any
<br /> exercising any rights or remedies under this Application for Payment within 30 days after it is
<br /> paragraph OWNER shall not be required to obtain the submitted,
<br /> lowest price for the Work performed. TRACTOR any surn finally determiRed te be due, then
<br /> CONTRACTOR may, upon seven days written notice
<br /> C. Where CONTRACTOR's services have been to OWNER and ENGINEER, and provided OWNER
<br /> so terminated by OWNER, the termination will not or ENGINEER do not remedy such suspension or
<br /> affect any rights or remedies of OWNER against failure within that time, terminate the Contract and
<br /> CONTRACTOR then existing or which may thereafter recover from OWNER payment on the same terms as
<br /> accrue. Any retention or payment of moneys due provided in paragraph 15.03. In lieu of terminating the
<br /> CONTRACTOR by OWNER will not release CON- Contract and without prejudice to any other right or
<br /> TRACTOR from liability. remedy, if ENGINEER has failed to act on an
<br /> Application for Payment within 30 days after it is
<br /> 15.03 OWNER May Terminate For Convenience submitted, or OWNER has failed for 30 days to pay
<br /> CONTRACTOR any sum finally determined tG be d- ,
<br /> A. Upon seven days written notice to CON- CONTRACTOR may, seven days after written notice
<br /> TRACTOR and ENGINEER, OWNER may, without to OWNER and ENGINEER, stop the Work until
<br /> cause and without prejudice to any other right or payment is made of all such amounts due
<br /> remedy of OWNER, elect to terminate the Contract. CONTRACTOR, including interest thereon. The
<br /> In such case, CONTRACTOR shall be paid (without provisions of this paragraph 15.04 are not intended to
<br /> duplication of any items): preclude CONTRACTOR from making a Claim under
<br /> paragraph 10.05 for an adjustment in Contract Price
<br /> 1. for completed and acceptable Work or Contract Times or otherwise for expenses or
<br /> executed in accordance with the Contract damage directly attributable to CONTRACTOR's
<br /> Documents prior to the effective date of stopping the Work as permitted by this paragraph.
<br /> termination, including fair and reasonable sums
<br /> for overhead and profit on such Work;
<br /> ARTICLE 16 - DISPUTE RESOLUTION
<br /> 2. for expenses sustained prior to the
<br /> effective date of termination in performing
<br /> services and furnishing labor, materials, or 16.01 Methods and Procedures
<br /> equipment as required by the Contract
<br /> Documents in connection with uncompleted A. Dispute resolution methods and procedures, if
<br /> Work, plus fair and reasonable sums for any, shall be as set forth in the Supplementary
<br /> overhead and profit on such expenses; Conditions. If no method and procedure has been set
<br /> forth, and subject to the provisions of paragraphs 9.09
<br /> 3. for all claims, costs, losses, and and 10.05, OWNER and CONTRACTOR may
<br /> damages (including but not limited to all fees exercise such rights or remedies as either may
<br /> and charges of engineers, architects, attorneys, otherwise have under the Contract Documents or by
<br /> and other professionals and all court or Laws or Regulations in respect of any dispute.
<br /> arbitration or other dispute resolution costs) in-
<br /> curred in settlement of terminated contracts
<br /> with Subcontractors, Suppliers, and others; and
<br /> 00700-General Conditions REV 04-07.doc
<br /> 00700-43
<br /> 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
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