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<br /> by CONTRACTOR-to ENGINEER with the Application
<br /> for such payment. Such payment shall be made Z. CONTRACTOR's disregard of Laws
<br /> under the terms and conditions governing final or Regulations of "any public body having
<br /> payment, except that it shall notconstitute a waiver of jurisdiction;
<br /> Claims.
<br /> 3.; CONTRACTOR's disregard' of the:
<br /> 14.09 Waiver-of Claims authority of ENGINEER;or
<br /> A. The"making and acceptance of final payment 4. CONTRACTOR's violation in any.
<br /> will constitute: substantial' way. -of any provisions of the
<br /> Contract Documents.
<br /> 1. a waiver of all Claims by OWNER
<br /> against CONTRACTOR, except Claims arising B: If ,one or, more ,of the events identified in
<br /> from unsettled Liens, from defective Work paragraph: 1.5.02.A.occur, OWNER.may, after giving
<br /> appearing after -final inspection pursuant. to CONTRACTOR,(and,the surety,' if anypseveri.days
<br /> paragraph 14.06;from;failure to comply with the written notice; terminate the services of
<br /> Contract Doc u—merits or ihe'terms of any special CONTRACTOR, exclude- CONTRACTOR from, the
<br /> guarantees specified therein; or from Site; and take possession of the Work and of all
<br /> CONTRACTOR's continuing obligations under, CONTRACTOR 's tools, appliances; construction
<br /> the Contract Documents;and equipment;. and machinery at the Site, and use the
<br /> same to' the full extent they could be used by
<br /> 2., a-waiver of all.Claims.by CONTRAC- CONTRACTOR'(without:liability to CONTRACTOR for
<br /> TOR. against, OWNER other than_ -'those trespass or conversion), incorporate in the Work.all
<br /> previously made in writing which rare still materials and equipment stored at. the. Site or for
<br /> unsettled. which. OWNER has paid CONTRACTOR but which
<br /> are stored elsewhere;'-and finish the Work as OWNER
<br /> may,deerri expedient, In'such case, CONTRACTOR'
<br /> ARTICLE,15-SUSPENSION OF WORK'AND- shall not:-be,.entitled. to receive any further payment
<br /> TERMINATION 'until the Work'is finished. if.the-unpaid balance of the
<br /> 'Contract Price_exceeds allclaims; costs,:losses, and
<br /> .damages (including "but riot I'imited 'to all fees and, i
<br /> 15.01 OWNER May Suspend Work. charges of-engineeirs, a(chitects; attorneysi and other
<br /> professionals: and all court or arbitration: or other
<br /> A.. At any time and withoutcause,,OWNER.may, di'spufe�resolution costs)sustained by OWNER arising,
<br /> suspend.the,Work-or,any,portion thereof for a.period out of or:relating to-completing•the_Work;'such,excess
<br /> of not more than 90 consecutive days 'by notice in will:be paid to CONTRACTOR: If such.°claims, costs,
<br /> writing to,CONTRACTOR and,-ENGINEER:which will losses; and:,damages exceed: such unpaid .balance;
<br /> fix;ttie date on-which Work.will be resumed.. CON_: CONTRACTOR.,shall pay'the difference' to.OWNER.
<br /> TRACTOR shall resume the;:Work on the_date so Such claims;,costs;,,loss6% and damages,incurred,by
<br /> fixed. _ OWNER,;will be reviewed by ENGINEER as.to their
<br /> in the GclntraG�'Rdpe eEpR7 IIIreasonableness and;, when so; approved by
<br /> ENGINEER; incorporated in a-Change Ofder, When,
<br /> si�ispen§ian if-,G4- makes ,_ . . exercising "any, '`rights .or, remedies under this
<br /> paragraph OWNER`shall not,be required to obtain the
<br /> lowestprice;for the Wbrk'performed:
<br /> 15.02 :OWNER May"Terminate.for'Cause
<br /> C'. Where",CONTRACTOR's,services have=been
<br /> A: The!.-.occurrence of,any-,one or-more;-oUthe so terminated; by OWNER,'.the.,.termination will not
<br /> - -- ------following-events:will:jus_bfy;termihation"forcause — aftect.-anvrrights-or—remedies-of�OWN ER—against---•
<br /> CONTRACTORahen existing.or which may thereafter
<br /> 1. CONTRACTOR's persistent, failure accrue. Any retention .or opyment:of moneys due
<br /> to-perform the'Work .in accordance With,--the.- CONTRACTOR:: bye OWNER'will. note,release CO
<br /> !Contract Documer its-(including, but'not limited TRACTORI.romaiability:
<br /> to, failure to,supply sufficient.skilled.workers or
<br /> .suitable !materials; or equipment' or failure, to; 15.03, OWN_ ER,May,,Terminate For.Convenience_
<br /> adhere; to the progressschedule.;established,
<br /> under paragraph 2_.07,as.adjusted,froiI time.to; A. t Upon seven:, days written, notice ;to ,.CON-
<br /> time pursuant.to paragr-ph_6.04) TRACTQR and. ENGINEER,.OWNER: may,;"without
<br /> 00766•General Conditions REV-5-10.13
<br /> "00700'-`42
<br /> f:lPubac WoikslENGINEERING ONISION PROJECTS11330-I.R:C.GoLine Tianster-HubVAdmintid'documentsWM ster Contract Documents16700-General Conditions REV 5-ID-13.doe
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